Transfer C.M.P. allowed transferring matrimonial suit from District Judge Kamareddy to Family Court LB Nagar invoking Section 24 CPC and Section 19(iii)(a) HMA due to wife's residence and convenience.
Transfer of O.P. No. 35/2022 from Senior Civil Judge Kamareddy to Family Court Judge, L.B.Nagar, Ranga Reddy District.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THE TWELFTH DAY OF SEPTEIVIBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.VENKATESHWARAREDDY
TRANS. CIVIL MISC.PETITI ON NO: 184OF 2022
Between:
Gadila Lasya @ Anusha, W/o GadilaBharath Kumar Aged- 26years, Occ- Housewife R/o H.No.3-16-112112, Ram Reddy Nagar, Ramanthapur, Uppal, Hyderabad 500013
...PETITIONER
AND
GadilaBharath Kumar, S/o.G. Lingam Chary Aged- 31yrs, Occupation- Manager in lClCl Bank Rl/o .H.No.5-8-A5-0008, Ashok Nagar Kama Reddy5031'11
...RESPONDENT
Petition Under Section 24 of lhe C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may bepleased to withdraw the O.P.No.3512022 before the Hon'ble Senior Civil Judge, at Kamareddy and transfer the same to the Hon'ble Family court Judge, at L.B.Nagar RR District.
lA NO: 1 OF 2022
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may bepleased to stay the all proceedings including the appearance of the petitioner in O.P.No.35/2022 before the Hon'ble Senior Civil Judge, at KamaReddypending disposal of the above Transfer C. Ir/. P.
Counsel for the Petitioner :SRl. THOTA SIVA PARVATHI
Counsel for the Respondent : None appeared
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY TRANSFER CIVIL MISCELLANEOUS PETITION NO. 184 0F2022
ORDER:
Heard learned counsel for the petitioner and perused the Memo dated 01.09.2022 along with postal track consignment report wherein it is conlirmed that the item I notice was delivered on 16.08.2022 on the respondent. The respondent called absent without any representation and hence, he is set ex-parte.
AV&), T:.CMP 1842422
).
Family Court, Ranga Reddy District at L.B.Nagar. As a counterblast, the respondent / husband has filed O.P.No.35 of 2022, before the Senior Civil Judge, Kamareddy to harass the petitioner. It is submitted that the petitioner is a housewife, she along with her minor child are living at the mercy of her parents.
AVR I I'r.CMP 184 2022
against her husband. Learned Senior Civil Judge, Kamareddy shall transmit the entire records in O.P.No.35 of 2022 to the Court of the Judge, Family Court, Ranga Reddy District at L.B.Nagar duly indexed, within one month lrom the date of receipt of copv of this order. In the circumstances 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.
AssrsriR/icc:5ttT-*
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//TRUECOPY/I SECTIONbiFICER
To,
Advocate[OPUCI
c.,&/--
HIGH COURT
DATED:1 210912022
ORDER
TR.C.M.P.No.1 84 of 2022
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ALLOWINC THE TR.("M.P.
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2 issues framed by the court
Whether the matrimonial suit filed by the husband in Khamareddy can be transferred to the Family Court at LB Nagar where the wife is residing.
Whether Section 24 CPC can be invoked to transfer pending civil suit for convenience of parties.
3 provisions across 2 enactments
Gadila Lasya
Gadila Bharath Kumar
A. Venkateshwara Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
