Allowed

Smt. Chedurupally Pallavi , Aparna v. Sri. Chedurupally Jayavardhan Goud

Telangana HC7 Sept 2022TRCMP/191/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition filed by a housewife petitioner seeking withdrawal and transfer of a Family Court proceedings to a court in her residential district due to lack of income, maintenance defaults, and convenience for attending other pending cases.

What did the court decide?

FCOP No. 1759 of 2018 pending at Principal Family Court, Kukatpally was ordered to be withdrawn and transferred to Senior Civil Judge, Shadnagar, Ranga Reddy District within one month.

Smt. Chedurupally Pallavi , Aparna Vs Sri… — Service and Employment | Telangana HC (2022)

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HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE SEVENTH^{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: 191 OF 2022

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Between:

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Smt. Chedurupally Pallavi @^{Aparna,W/o. Ch. JayavardhanGpu(,.a99{ about 34} veirs,^{O"". H6us6wife, R/o:Ko[hurVillage and Mandal, RangaReddy D-igtllg],} -^{- .-} ...PETITIONER

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AND

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Sri. Chedurupally Jayavardhan^{Goud, S/o.} 4liq!9.V^u]ur^{Aged about. 46 years, Occ'} car vfeininib Cirm Driver,^{Rl/o.H.No.8-3-169i6ol129,lndiranagar,Borabanda,} Balanagar Mandal, Ranga^Reddy District.

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...RES'ONDENT

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Petition Under section 24 ol^{lhe c.P.c.Prayingthat in the circumstances} stated in the affidavit^{filed therewith, the High courtmay be pleased to withdraw} FCOP. No..1759 of 2018^{on the file of the Hon'ble XV Additional District Judge-} cum -ll Additional Metropolitan^{Sessions Judge-cum -Principle Family court,} lvledchal-Malkajgiri at Kukatpally,^{and transferthe same to the Hon'bleSenior Civil} Judge - cum^-Family Court,^{Shadnagarat Ranga Reddy District'}

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A NO: 1 OF 2022

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Petition under Section 151 CPC^{prayingthat in the circumstances stated in} the affidavit filed in support^{of the petition,the High court maybe pleasedto stay} all further proceedings in FCOP.^{No.1 759 ol 2018 on the file of the Hon'bleXV} Additional District Judge - cum-^{ll Additional Metropolitan Sessions Judge- cum-} Principle Family court, I/edchal-Malkajgiri^{at Kukatpally pending disposal of Main} Tr. C.M.P

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This^petition coming on^{for hearing, upon perusingthe affidavit filedin} support thereof and upon hearing^{the arguments of M/s lrilanjusha Bharadwa.i,} Advocate for the^petitioner and^{of NoneAppeared for the Respondent.}

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The Court made the following:^ORDER

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L I

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THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY TRANS FER CIVIL SC US PETITION NO. 191 0F 2022

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ORDER:

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Heard learned counsel for the petitioner. perused the record. Notice of the respondent sent from this Court is served on the respondent. However, learned counsel for the petitioner seeks to submit that personal notice was returned with the endorsement^,refused,. Be that as it may, since notice sent from the Court is served on the respondent and he remained absent without any representation, he is set ex_parte.

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This Transfer Civil Miscellaneous petition is filed under Section 24 of Civil procedure Code (for short ,CpC,) by the petitioner/ v'ife against her husband, the respondent herein u,ith a prayer to withdraw FCOp No. 1Z59 of 201g, pending on the file of the XV Additional District Judge _ cum _ II Additional Metropolitan Sessions Judge _ cum _ principal Family Court, Medchal-Malkajgiri at Kukatpally (Hereinafter referred to as Principal Family Court, Kukatpally) and to transfer the same to the Court of the Senior Civil Judge at Shadnagar. Ranga Reddv District for disposal in accordance with law.

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AVR,J , TT.CMP l9l 2022

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Perused the averments of the supporting affidavit.

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Heard learned counsel for the petitioner. As per the material available on record, it is found that in FCOP No.1759 of 2018 enquiry is in progress, evidence affidavit of PW 1 was filed. However, it is submitted by learned counsel for the petitioner that cross-examination of PW 1 is not yet commenced. It^is further submitted that the petitioner along with her minor child is staying with her parents at Kothur Village of Ranga Reddy District and that she has no other source of income, she is a housewife, her husband is not paying any maintenance to her. That apart, she has filed MC No.1 of 2019,^pending on the file of the Additional Judicial Magistrate First Class at Shadnagar.^The petitioner has also filed a criminal case in CC No.526 of 2019, which is pending before the Principal Junior Civil Judge, Shadnagar and that it would be convenient to both the^parties if the matter is transferred from the Court of the Judge,^Family Court, Kukatpally to the Court of the Senior Civil^Judge, Shadnagar so that both the parties may attend all the^cases from one Court complex. Having regard to the said^{facts, I find} justification in the request of the petitioner and moreover the

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AVR,J TT.CMP l9l 2022

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-l

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petitioner / u,ife is entitled to prosecute or contest the matrimonia-l disputes before the^{jurisdictional} Courts where she is living.

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In the result, this Transfer Civil Miscellaneous Petition is allowed, FCOP No.7759 of 2018, pending on the file of the Principal Family Court at Kukatpally is ordered to be withdrawn and transferred to the Court of the Senior Civil 1n Judge, at Shadnagar, Ranga Reddy District for disposal accordance with law. Learned Judge, Principal Familv Court at Kukatpa,ily shall transmit the entire case records in FCOP No.1759 of 2018, duly indexed, to the Court of the Senior Civil Judge at Shadnagar, Ranga Reddy District within one month from the date of receipt of copy 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 TT.CMF', shall stand closed.

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Sd/.N.RAJA GOPAL ASSISTANT REGISTRAR ,TRUE COPY/i a, SECTION OFFICER

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To '1. The Principal Family Court, at Kukatpally. 2. The Senior Civil Judge, at Shadnagar, (anqa Reddv District

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One CC to M/s Manjusha Bharadwaj, Advo6ate tOpUCl

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Two CD Copies 5. One Spare t)opy Kj. q

HIGH COURT

DATEDO710911t022

ORDER

_---__:-:-a
SEP ?$T7

TRCMP.No.191 of 2022

TR.CMP IS ALLOWED NO COSTS.

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@t'9^4 tu'2s). il'-

Smt. Chedurupally Pallavi , Aparna v. Sri. Chedurupally Jayavardhan Goud

Case brief

What is this about?

What did the court decide?

Smt. Chedurupally Pallavi , Aparna v. Sri. Chedurupally Jayavardhan Goud

Case brief

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What did the court decide?

What the court decided

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