Allowed

Sarikonda Sushma v. Saronda Nagendra Bhat

Telangana HC26 Sept 2022TRCMP/58/2022

Case brief

AI extract

What is this about?

The High Court allowed the Transfer Civil Miscellaneous Petition, directing the withdrawal and transfer of H.M.O.P. No. 93 of 2019 from the Principal Senior Civil Judge, Mancherial, to the Family Court, Karimnagar, for joint trial with pending matrimonial proceedings.

What did the court decide?

Withdrawal and transfer of H.M.O.P. No. 93 of 2019 to the Court of the Judge, Family Court, Karimnagar within one month.

Sarikonda Sushma Vs Saronda Nagendra Bhat — Matrimonial and Divorce | Telangana HC (2022)

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[³²¹⁸¹

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE TWENTY 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: 58 OF 2022

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Between:

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Sarikonda Sushma, Wo. Sarikonda Nagendra Bhat (D/o.T.Salyanarayana Raju) aged 36 years. Occ- House Wife, Rio. H.No. 2-10-2085, Bhagyanagar, Karimnagar Town and District, TS.

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...PETITIONER/RESPONDENT

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AND

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Sarikonda Nagendra Bhat, S/o. Late Bhadri Raj. aged 46 years. Occ. SCCL Employee, Ward Boy ,Area Hospital. Ramakrishnapur, N/ancheryal District, TS.

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...RESPONDENT/PETITONER

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Petition under Section 24 of lhe C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the H.M.O.P No. 93 of 2019 from the file of the Honble Prl.Senior Civil Judge at Mancherial, TS to the file of the Hon'ble Family Court Judge at Karimangar, TS.

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lA 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 stay all further proceedings including appearance of the petitioner in Hl,,4OP No. 93 of 2019, on the file of the Hon'ble Prl.Senior Civil Judge at Llancherial, TS, pending disposal of the above Transfer Civil Miscellaneous Petition.

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Counsel for the Petitioner : SRI BETHI VENKATESWARLU

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Counsel for the Respondents: NONE APPEARED

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The Court made the following: ORDER

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THE HON BLE SRI JUSTICE A.VENKATESHTIIARA REDDY TF ANSFER CIVIL MISCELLANEOIJS PETITION NO.58 0F 2022

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, ORDER:

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H -'arc[ learned counsel for the petitioner. Perused the record alon { rvith Memo dated 17.O8.2oit2, and postal acknorx,lerlgn ent card with the signature of learn'-'d counsel for respondent t elore the trial Court, wherein nol.ice sent to the respondent v as served on him through his counsel appearing before the trii I Court. The respondent remained absent without an)' represent rtion and hence, he is set ex-parte

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'). Th s^'l'ransfer Ci',.i[ Miscellaneous Petitic,n is filed

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under Scction 2.1 of Civil Procedure Code (for short 'CPCJ by the petitioner ./ u i[r-' against her husband, whrr is th,: respondent hereirr, nith r prayer to '"r'ithdraw H.M.O.P.Nr.')3 of 2019, pentling orr h e file of thc Principal Senior Oivil Judge, Mancherial an I to transfer the same to the Courl of the Judge, Famil-v Colrrt, Karimnagar alleging that the petit.ioner is the legallv u'erldecl .r'ile of the respondent and thei, s7.." blessed u,ith two r:hildrcrr. tl rc i.' led happ,r' marital life for some tirne and that on 20.05.:lcj l() the respondent necked out thr: pe[itirtner and

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AVR.J l r.CMP i8 2022

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:2:

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her tu,o minor children from the matrimonial house \4.ith a demand of additional dowry. It is contended by learned counsel for the petitioner that the petitioner along with her minor children is living with her parents and thereafter, the petitioner is compelled to file C.C.No.l777 of 2016 for the offence under Section 498 of IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of the Special Judicial Magistrate First Class at Karimnagar, she also filed M.C.No.26 of 2016, pending on the file of the Judge, Family Court at Karimnagar. The petitioner tras also liled DVC No.120 of 2016, pending on the file of the I Additional JI.,lFC at Karimnagar. Prior to filing of HMOP No.93 of 2O 19, the respondent/husband has filed GWOP No. 132 of 2017. Accordingly, the petitioner prays for withdrau'al of HMOP No.93 of 2019, pending on the file of the Principal Senior Civil Judge. Mancherial ald to transfer the same to the Court of the Judge. Famill Court at Karimnagar.

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As per the averments of supportir-rg affidavit and as per the submissions made by learned counsel for the petitioner, the petitioner herein is a housewife, whereas the respondent is SCCL Emplovee. Despite service of notice, the respondent

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AVIt.J TT.CMI' 5ll 2012

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remained ab;ent without any representation. It rs avr:rred by the petitioner th lt she along with her minor children vrere necked out by her h rsband, she is compelled to file M.(1. \o.26 of 2016, pending⁽⁾ⁿ rhe lile of the Judge, Family Llourt at Karimnagar. Thus, the^p :titioner and her minor children rre under the protective trr rbrella of her parents at Karimnagr,r. Therefore, considerirrg I he scheme ol Hindu Marriagt: Act. <:onvenience of the petitioner and her minor children, who are r;trrying with her parents unde r their protective umbrella, I lind^ju stLfication in the request of tl re petitioner for r.r,ithdrawal of H.M.O.P.No.93 of 2O 19, pendir g on the file of the Principal Senior Civil Judge, Mancherial a rcl to transfer the same to th€' Court of the Judge, Famill, Court , Karimnagar u'herein GWO[' No.li:12 of 2017 is pending.

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ln the result, this Transfer Civil Miscellaneous Petition is alk wed, H.M.O.P.No.93 of 2O19, pendinl3 on the file of the Principzrl Senior Civil .ludge, Mancherial is rrrdered to be withdrau'n ar d transferred to the Court of the .. udge, Family Corrrt, Karim rafJar. to be tried along u,ith MC Nrr.26 of 2016, pending on tl^ e lile of that Court. Learned l)rincip;rl Senior Civil

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AVR.J 'f ( ,CMI' 5a 2022

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Judge, Mancherial shall transmit the entire case records in H.M.O.P.No.93 of 2019, duly indexed, to the Court of the Judge, Family Court, Karimnagar 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 applications if any, pending in this Transfer Civil Miscellaneous Petition, shall stands closed.

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/TTRUE^{COPY//"'' issBTtilfrEe,EFRRX} sEctrffi^oFFrcER

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Advocate,^{Hvderabadtopucl} '" i ili5;s;,ft#.d.,jJnamt$fu BSK

HIGH COURT

DATED:26109t2422

ORDER

TR.C.M.P.Nrc.t I of 2022

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1\ t, s.iAT (-
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ALLOWING TI- E TR.C.M.P WITHOUT COS TS

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Sarikonda Sushma v. Saronda Nagendra Bhat

Case brief

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Sarikonda Sushma v. Saronda Nagendra Bhat

Case brief

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