Allowed

Raishetti , Kolipaka Tirumala v. Kolipaka Nagasaikiran

Telangana HC16 Sept 2022TRCMP/188/2021

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a Transfer Civil Miscellaneous Petition. The Court ordered the withdrawal and transfer of a divorce petition originally filed in Karimnagar to the Senior Civil Judge at Mancherial, citing the petitioner's residence distance and the convenience of the minor children.

What did the court decide?

The F.C.O.P.No.74 of 2020 on Karimnagar file ordered to be withdrawn and transferred to Court of Principal Senior Civil Judge, Mancherial.

Raishetti , Kolipaka Tirumala Vs Kolipaka Nagasaikiran — Telangana HC (2022) — LawSathi Research

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE SIXTEENTH 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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TRANS. CIVIL MISC.PETITION NO: 188 OF 2021

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Between:

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Raishetti @ Kolipaka Tirumala, Wo Sai Kiran, D/o Raishetti Buchaiah, Rio H. No: - D-237. Srirampur Colony, Naspur Mandal. Mancherial, 504303.

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...PETITIONER

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AND

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Kolipaka Nagasaikiran, S/o Saranga Pani, R/o H. No.^- 8-2-71l'1, New Srinagar Colony, Kattarampur, Karimnagar.

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...RESPONDENT

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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 transfer the F.C.O.P.No. 74 of 2020 from the file of the Honb'le Family Court-cumAdditional District Judge at Karminagar to the file of Senior Civil Judge, Mancherial.

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lA NO: 1 OF 2021

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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 all further proceedings in F C.O.P.No.74 ol 2020 on the file of the Hon'ble Family Court-cum-Additional District Judge at Karimnagar^pending disposal of the TT.CMP-

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Counsel for the Petitioner: SRI SOURABH AGARWAL Counsel for the Respondent: The Court made the following: ORDER

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I I I I

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THE HON'BI,E SRI JUSTICE A.VENKATESHWARA REDDY TRAI{ SFER CIVIL MISCELLANEOUS PETITICN NO.188 0F 2021

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ORDER:

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This; Transfer Civil Miscellaneous Petition is filed under Section )-4 of Civil Procedure Code^(for short 'CPC') by the petitioner/wife against her husband, the respondent herein with a prayer to withdraw FCOP No.74 of 2020, pending on the tile of at Judge, Famity Court-cum-Additional District Judge Karimnagar and to transfer the same to the Court of the Senior Civil Judge, Mzrncherial for disposal in accordance with law

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Herlrd learned counsel for the petitioner. Perused the memo lilerl today across the Bench. Along with the said ITICInO :rcknos leclgement of notice by learned counsel for the respondent be bre the trial Court on 17.12.2022 and returned postal cover o[ the respondent with endorsement as "7 days continuouslv absent u'ithout instructions" are also filed. Under lhese clrcum s,ar)ces, it is deemed as constructive service of nottce Respcndent called absent without any representation and hence, hc Ls set ex parte

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AVR,J Tr.CN{P 183 2021

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The main averments of the supporting affidavit fiied by learned counsel for the petitioner are that the petitioner is the legally wedded wife of the respondent, they led happy ma,rital life for some time and thereafter respondent and his pa-rents started demanding for additional do-wry, out of their wed lock, they ',r,ere blessed u,ith two children and thereafter. the respondent started demanding for additional amount and that she was driven out of the matrimonial house and is lorced to stay with her parents. In the mealwhile, ttre respondent has filed FCOP No.74 of 2O2O for dissolution of marriage before the Judge. Family Court at Karimnagar. The petitioner claims that her place of residcnce is at about lOO K.M. away from the Court at Karimnagar. The F,etiiioner^{has also filed report of psycirological report u'ith} regard to their second child wherein it is mentioned that the child had 5O% of mild intellectual disability rvith moderate autism. The petitioner along with her minor children arc under the protective umbrella of her parents, she also made ccrtain ivild allegations against the respondent. Therefore, having rcgard to the facts of the case, provisions of Section 19 (iii)(a) of Hindu Marriage Act, considering the convenience of the petitioner /

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AVR,J TT.CMP IE8 202 I

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wife and her minor children, I find justifrcation in the request of the petitioner.

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4 . In t he result, this Transfer Civil Miscellaneous Petition is allorv,:d. F.C.O.P. No.74 of 2020, pending on the file of the Judge, Family Court-cum-Additional District Judge at Karimnagar is ordered to be withdrawn and transferred to the Court of the Principal Senior Civil Judge, Manchierial for disposal in accordance with law. Learned Judge, Family Courtcum-Additional District Judge at Karimnagar shall transmit the entire record, ,1uly indexed in F.C.O.P.No.74 of 2O2O to the Court of the Principal Senior Civil Judge, Mancherial within one month from th: date ol receipt of copy of this order. In the circumstances of the case, there shall be no order as to the costs. ,\s a se quel, miscellaneous petitions if any, pending in this Tr.CMP. shall stand closed

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SD/.I,NAGALAKSHMI DEPUTY REGISTRAR //TRUE COPY/i G SECTION OFFICER

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To,

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1 The Family Court-cum- Additional District Judge at Karminagar.

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2 The Principal Senior Civil Judge, Mancherial. 3 One CC to SRI SOURABH AGARWAL, Advocate [OPUC] 4 Two CD Copies

HlGH COURT

DATED: 1610912022

ORDER

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TRCMP.No.1ll8 ot 2021

ALLOWING^"-HE TT.CMP

WITHOUT CoSTS

(OGeo

Raishetti , Kolipaka Tirumala v. Kolipaka Nagasaikiran

Case brief

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Raishetti , Kolipaka Tirumala v. Kolipaka Nagasaikiran

Case brief

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