Allowed

Smt.Balne , Ankam Sowmya v. Balne Rameshbabu

Telangana HC14 Sept 2022TRCMP/200/2022

Case brief

AI extract

What is this about?

Transfer Civil Miscellaneous Petition allowing transfer of a High Court Original Misc. Petition from Narsampet to Vemulawada. The petitioner, a wife facing harassment and disputes with her husband, sought transfer due to residence and convenience, particularly as they are under parental protection at Vemulawada.

What did the court decide?

Transfer of HMOP No.66 of 2022 from III Additional Senior Civil Judge, Narsampet to Senior Civil Judge, Vemulawada.

Smt.Balne , Ankam Sowmya Vs Balne Rameshbabu — Service and Employment | Telangana HC (2022)

¶1

[³²¹⁸ I

¶2

IN THE HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD

¶3

WEDNESDAY, THE FOURTEENTH^DAY OF^SEPTEMBER TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE^{A.VENKATESHWARA REDDY}

¶6

TRANSFER CIVIL MISC.PETITION NO:^{200 OF 2022}

¶7

Between:

¶8

Smt.Balne @ Ankam Sowmya,^{Wo.BaineRameshbabu,Hindu,.Aged about 26} vears. Occ:-House hold. R/6.H.No.17-09-94.^{Ursu. Karimabad, WarangalTown} ina Oistrict Presently residing at H.No.8€-83.^{Markandeya Nagar, Vemulawada} Town & Mandal, Rajanna^{SircillaDistrict.}

¶9

...PETITIONER

¶10

AND

¶11

Balne Rameshbabu, S/o.Balaratu,^{Hindu, Aged about 32 years. Occ: Teacher in} Model School, H.No.17-9-94, Uisu.^{Karimabad, Warangal Town and District, and} at Peddakorpole Village, Nekkonda^{Mandal, Warangal Rural District-}

¶12

...RESPONDENT

¶13

Petition Under Section 24 of the C.P.C.^{Prayingthat in the circumstances} stated in the affidavit fited therewith, the^{High Court may be pleased to withdraw} the HMOP.No.66 of 2O22 from the^{file of lll AdditionalSenior Civil Judge at} Narsampet and transfer the same to the Court^{of Senior Civil Judge at Sircilla.}

¶14

lA NO: 1 OF 2022

¶15

Petition under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support of the^{petition, the HighCourt maybe pleased to} grant stay of all further proceedings in HMOP No.66 of 2022^{on the file of lll} Additional Senior Civil Judge at Narsampet,^{pending the aboveTransfer CMP.}

¶16

Counsel for the Petitioner:^SRI HARIKISHAN^KUDTKALA

¶17

Counsel for the Respondent:^{NONE APPEARED}

¶18

The Court made the following: OROER

¶19

1 !

¶20

THE HON'BLE SRI JUSTICE A.VEITKATESHWARA REDDY TRANSFER CTVIL MISCELLANEOUS PETITION NO.200 0F 2022

¶21

ORDER:

¶22

Heard learned counsel on behalf of the petitioner. P,:rused the record including Memo dated 24.08.2022, filed by learnod counsel for the petitioner along u,ith postal a<:knourledgment card in respect of notice sent to the rcspondent, who is called absent without arly representation and ht:nce, he is set ex-parte.

¶23

This Transfer Civil Miscellaneous Petition is filed urrder Section 24 of Civil Procedure Code (for short 'CPC') by the pe'titioner / wife against her husband, the respondent herein with a prayer to withdraw of H.M.O.P.No.66 ol 2022, pending on the file of the III Additional Senior Civil Judge, Narsamper, Warangal District and to transfer the same to the Court of the Senior Civil Judge at Sircilla, Rajanna Sircilla Disrrict. Hor,r,ever, it is submitted by learned$ounsel for the petitior-rer that subsequent to hling of this petition, Court of the Senior Civil Judge is established at Vemulawada and that the petitioner is thr: residing at Vemulavvada and the matter may be transferreci.

¶24

AVR.J 1'r.CMP 200 2022

¶25

¶26

to the Court of the^{Senior Civil Judge at Vemulawadainstead of} Senior Civil Judge^{at Sircilla,Rajanna Sircilla District'}

¶27

It is alleged in^{the supporting affidavit filed by the} petitioner that she is the^{legally wedded wife of the respondent'} their marriage was^{solemnizedon 23'll'2016 and out of the} wedlock, they were^{blessedwith a male child,nowaged about 3} r/z years and thereafter disputes arose between them^and accordingly, the^{petitionerwas forced to live with her parents at} their native^{place VemulawadaTown' It is also alleged that in} viewofharassmentsubjectedtoher,shewascompelledtofilea criminal case in^{Crime No.542 of 2O2l for the offence under} Section 498-A of Indian^{Penal Code and underSection3 and 4} of Dowry Prohibition^{Act, she has also filedDVC No'9of 2022 on} the file of tlle^{learnedJudicial Magistrate of First Class at} Vemulawada,thereafterasacounterblast,therespondent/ husbandhasfiledHMoPNo.66of2022beforethelllAdditional Senior Civil Judge^{at Narsampet and that it is causing lot of} inconvenience for her^{tocommutefrom Vemulawadato} '. Narsampet on each and every date of hearing'

¶28

AVR.J TT.CMP 100 2022

¶29

1 Ii

¶30

¶31

Therefore, having regard to^{the scheme of Hindu} M;rrriage Act,^precisely Section^{19 (iii) (a), convenience of the} petitioner and her minor child^{and also considering the fact that} they are under the^{protectiveumbrella of her parents, I find} justification in the request of the petitioner.

¶32

In the result, this petitioner is^{allowed, HMOP No.66} of 2022, pending on the file of the^{III AdditionalSenior Civil} Jtrdge, Narsampet,^{WarangalDistrictis orderedto be withdrawn} and transferred to the Court^{of theSenior Civil Judge,} Vt:mulawada, Rajanna Sircilla District.^{l,earned III Additional} St:nior Civil Judge, Narsampet,^{WarangalDistrictshall transmit} the entire records in H.M.O.P.No.66 of^{2022 to the Court of the} Sr:nior Civil .Iudge, Vemulawada,^{Rajanna Sircilla District,duly} indexed, u'ithin one month from the date^{of receipt of copy of} this order. ln the circumstances of the^{case, there shall be no} order as to the costs. As a sequel,^{miscellaneouspetitions il} an-y, pending in this Tr.CMP, shall stand^clo9ed

¶33

SD/.P.PADMANABHA^REODY ASSISTANT^REGISTRAR ,,4//TRUE COPY// (-_lE, SECTION OFFICER

¶34

To, 1 The lll Additional Senior Civil Judge at Narsampet 2 The Senior Civil^{Judge.Sircilla, Raianna Siricilla District}

¶35

3 One CC to^{SRI HARIKISHAN KUDIKALA, Advocate [OPUC]} 4 Two CD CoPies

]HIGH COURT

DATED: 14t0912022

ORDER

TRCMP.No.200 of 2022

{rlE Si4 16
i)
)
<br>i).j
3 0 [E[ ?022
o
," a .:/
l:.i^
\ : - ,..''-,
...-..-.=:...,

¶43

ALLOWING THE Tr.CMp

¶44

WITHOUT COSTS

¶45

coqi4 \

Smt.Balne , Ankam Sowmya v. Balne Rameshbabu

Case brief

What is this about?

What did the court decide?

Smt.Balne , Ankam Sowmya v. Balne Rameshbabu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Kokkonda Balamani Vs Akiredygari Ram Reddy

Sri. Y.v.Murali Krishna Vs Seetha Rama Housing (p) Ltd.

Katakam Prashanth Vs Rayagiri Narsimulu

Smt.Lagisetti Dhanasri Urmila Vs Sangepu Ravikiran

Dasari Sowjanya Vs Dasari Sampath

Mellacheruvu Rajeswara Rao, Vs Tellam Narasimha Rao and another