Allowed

Dharamalla Spandana v. P.Ramu

Telangana HC7 Sept 2022TRCMP/163/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition filed by a wife seeking to withdraw a Family Court case filed against her husband. The court transferred the proceedings from the Family Court at Malkajgiri to the Court of the Principal Senior Civil Judge at Mancherial based on jurisdiction and convenience.

What did the court decide?

The filing of FC.O.P. No. 223 of 2022 before the Family Court, Malkajgiri is withdrawn and transferred to the Principal Senior Civil Court, Mancherial for disposal. The respondent is set ex-parte.

Dharamalla Spandana Vs P.Ramu — Matrimonial and Divorce | Telangana HC (2022)

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IN THE H'GH COURT FOR AT HYDTJREABITTE^{OF TELANGANA}

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[³²¹⁸ ]

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WEDNESDAY,THE SEVt 'wo^{rioi,rii,bl,l5 ff[ rof;g'u * u*}

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PRESENT

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THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TR.CMP.No. 163 of 2022

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Between:

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R[:Er,XiB.?33:tilft"y6x,3,{,| S.ifi:,lf H ffi?:il.","#3,l:, 3[:;,3:",..

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AND

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...PET|TIoNERyRESPONDENT

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P.Ramu, S/o. p.Ram-chandur; lggd^{35years, Occ. Doctor.} No.22_94811. BHR Nagar, Jawaharnagar, L.L.ftrgrii;;"y,"Krpr", Ranga Reddy District

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Petit on Under Section 24 of the ".r.". ,r"r,[::::T:::::::::: stated in the affidavit fired therewith, the High court may be preased to transfer the F.c.o.P.No.223 of 2022 on the fire of the Famiry court Judge at Markajgir,, Medchal Malkajgiri District to District court of Mancherial, Mancherial District.

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lA NO: I OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in F.C.O.P. No.223 of 2022 on the file of Family Court J[dge at Malkajgiri, Medchal Malkajgiri District.

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This Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri V. Raghunath, Advocate for the Petitioner and for the Respondent not appeared in person or by Advocate.

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The Court made the following: ORDER

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E SRI^{JUSTICE A.VTNKATESH\IUTRA REDDY} THE^HON'BI US MIsc !]ai TRAT SFER NO.1⁶³⁰ F2 o22

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ORDER

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He rd.^{learned counsel for the petitioner'} Perused Memo dated^{t5'O9'2O22along with returned urdeliveredpostal} cover sent^t '^{the residentialaddress of the respondentand} postal lrack^{:onsignment reportwith regard t'r the delivery of} item whereir^{it is mentioned that on 13'08'2o'2 2 item delivery is} confirmed.^{Respondent called absent' no re )resentationand} hence, he is^{set ex-Parte.}

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2.^'his Transfer^{Civil MiscellaneousPetition is filed} under Secti n 24 of Civil Procedure Code^{(for s,hort 'CPC')by the} petitioner/r^'ife against her husband, the respcndent herein with a prayer to withdraw FCOP No.223 of 2022, Jrending on the file of the Ju ige, Family Court, Malkajgiri, I[edchal-Ma]kajgiri District ar I to transfer the same to the District Court at Mancherial Mancherial District. However t is submitted by learned cor nsel for the petitioner that insteal of District Court at Mancher at, rhe matter may be transferred .o the CoUrt of the

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AVR. I r.CMP 163 2021

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Principal Senior Civil Judge, Mancherial, which is having jurisdiction over the subject matter.

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Perused the record and contents of the affidavit Iiled in support of this petition. As per the averments of the affidavit, the petitioner is the legally wedded wife of respondent and their marriage was solemnized on 24.05.2014. It is submitted by learned counsel for the petitioner that when the respondent has not allowed her to stay with him, the petitioner went back and started living at Godavari Colony, Mancherial District.

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Considering the fact that as per Section 19 (iii)(a) of Hindu Marriage Act wife is entitled to prosecute the matrimonial disputes before the^{jurisdictional} Courts where she is living and also convenience of the wife and the fact that the respondent remained absent without any representation inspite of service of notice, I find^{justification} in the request of the petitioner.

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In the result, this Transfer Civil Miscellaneous

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Petition is allowed, FCOP No.223 of 2022, pending on the hle of the Judge, Family Court, Malkajgiri, Medchal-Malkajgiri District is ordered to be withdrawn and transferred to the Court of the

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AVR.J TT.CMP l6i l0?2

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1n Principa-l S:nior Civil Judge, Mancherial for disposal accordance vith law. Learned Judge, Farnily^()ourt, Malkajgiri, Medchal-Ma kajgiri District shall transmit tl-re entire case records in F IOP No.223 of 2022, duly indexerl, to the Court of the Principa Senior Civil Judge, Mancherial, rdthin one month from the c lte of receipt of copy of this order. In the circumstanc 's of the case, there shall be no order as to the costs. As a sequel, miscellaneous petitions if any, pending in this Tr.CMP. shall stand closed.

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SIY.T.KRISHNA^KUMAR TIEPUTY REGISTRAR

,TRUE^COPY//

,i sECTloN^OrrtceR

To, 1. The Familv C rurt Jud-ge at Malkalgiri' Y:991"1' Malka g ri District' ,. iii;^{'P;;;i'palsenior Civil Judge' Manchel9l: . '} 5 iii" oiii'i&^{( rurt, Mancherial[ffi"j€i3|,jfl"'} +. One CC^{to S V. Raghu} 5. Two^{CDCoP ;s} 6. One^{SPareC rPY} gbr

HIGH COUR''I

DATED: 0710112022

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ORDER

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TR-CMP.No. 63 of 2022

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ALLOWING THE TR.CMP @)@o s--

Dharamalla Spandana v. P.Ramu

Case brief

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Dharamalla Spandana v. P.Ramu

Case brief

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