Allowed

Sunchu Srilatha , Vysnavi v. Sunchu Vijender

Telangana HC6 Sept 2022TRCMP/181/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition filed by a wife under Section 24 of the CPC, transferring a matrimonial dispute from the Family Court at Warangal to the Senior Civil Judge at Siddipet, citing her residence and separation from the husband.

What did the court decide?

Withdraw the O.P. No. 155 of 2021 from the Court of the Judge, Family Court at Warangal and transfer it to the Court of the Senior Civil Judge at Siddipet for disposal.

Sunchu Srilatha , Vysnavi Vs Sunchu Vijender — Property and Title | Telangana HC (2022)

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[³²¹⁸ I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A,VENKATESHWARA REDDY

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TR.C.M.P. NO: 181 OF 2022

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Between:

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Sunchu Srilatha @ Vysnavi, W/o. Vijender, D/o. Burla Srinivas,

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...PETITIONER

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AND

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Sunchu Vijender, S/o. Late Mallesham, R/o.H.No.1-97, Malkapur Village, Chilpurgutta Mandal, Jangaon District, Presently residing at H. No.3-14-1013/6, Yadavanagar, Hanamkonda, Warangal District.

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...RES'ONDENT

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Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to withdraw D.O.P. No.155 of 2021 on the file of the Court of the Hon'ble Judge, Family Court at Warangal and to transfer the same to the Court of Hon'ble Senior Civil Judge at Siddipet.

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IA NO: 1 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^grant stay of all further^proceedings including^presence of the^petitioner in D.O.P. No 155 ot 2021 on the file of the Court of the Hon'ble Judge, Family Court at Warangal.

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For the Petitioner : SRI RAVI KUMAR VADLAKONOA, Advocate

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Forthd Respondent: NONE APPEARED

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY TRANSFER CIVIL MISCELLANEOUS PETITION NO.181 0F 2022

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ORDER:

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Heard learned counsel for the petitioner. Perused the Memo dated 3O.O8.2O22 along with postal track consignment report wherein delivery of notice is confirmed on 05.08.2022 on the respondent but the respondent remained absent without any representation

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This^'fralsfer Civil Miscellaneous Petition is filed under Section 24 of Cirril Procedure Code (for short 'CPC') b5r tl-re petitioner / wife zrgainst her husband - respondent herein with a prayer for withdrawal of O.P.No.155 of 202 1, pending on the file of the Judge, Family Court at Warangal and to transfer the same to the Court of the Senior Civil Judge at Siddipet.

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Perused the averments of alfidavit filed in support of this application wherein the petitioner has stated that her marriage with the respondent was solemnized on 13.12.2018 and they are biessed with a female child, aged about three years and thereafter the respondent started harassing her, driven out

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AV' TT.CMP i8l 202:

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)

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of his house, she is compelled to stay with her parents and it is causing lot of inconvenience for her to attend the Court at Warangal by commuting in public tralsport for more than 70 K.M.

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Having regard to the averments of the affidavit, submissions made by learned counsel for the petitioner, provisions of Section 19 (iii) (a) of Hindu Marriage Act wherein it is stated that wife is entitled to prosecute matrimonial disputes before the jurisdictional Courts where she is living after separating from her husband, I find^{justification} in the request of the petitioner/wife.

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In the result, this Transfer Civil Miscellaneous Petition is allowed, O.P.No.l55 of 2021, pending on the lile of the Judge, Family Court at Warangal is ordered to be withdrawn and transferred to the Court of the Senior Civil Judge at Siddipet for disposal in accordance with law. l,earned Judge, Family Court, Warangal shall transmit the entire case records in O.P.No.155 of 2021, duly indexed, to the Court of the Senior Civil Judge at Siddipet within one month from the date of receipt .-of copy of this Order. In the circumstances of the case, there

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AVR.J 'lr.CMP l8l 2022

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shall be no order as to the costs. As a sequel, miscellaneous

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petitions if any, pending in this Tr.CMP, shall stand closed.

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Sd/-N.RAJ GOPAL ASSISTANT REGISTRAR //TRUE COPYII \ ,\ sEctrtE{ oFFtcER To 1 The Judge, Family Court at Warangal. 2 The Senior Civil Judge, at Siddipet. 3 One CC to Sri Ravi Kumar Vadlakonda., Advocate tOpUCl 4 Two CD Copies Kj. ?r(C, "

HIGH COURT

DATED:06/09/2022

1
.l4 ,{:
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26 BEC 202 ;ti)

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ORDER

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TRCMP.No.181 ot 20211

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t 'AAtr

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ALLOWING THE TR.CIJIP.

Sunchu Srilatha , Vysnavi v. Sunchu Vijender

Case brief

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Sunchu Srilatha , Vysnavi v. Sunchu Vijender

Case brief

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