Allowed

D. Shravani v. D. Praveen Kumar

Telangana HC10 Apr 2023TRCMP/19/2023

Case brief

AI extract

What is this about?

In a transfer petition under CPC sec 24, the wife of a divorce petitioner sought transfer of her case from Sangareddy to Hyderabad due to unemployment and harassment. The High Court allowed the transfer, prioritizing the wife's convenience and protection.

What did the court decide?

H.M.O.P. No.13 of 2018 transferred from Senior Civil Judge, Sangareddy to Family Court, Hyderabad.

D. Shravani Vs D. Praveen Kumar — Matrimonial and Divorce | Telangana HC (2023)

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

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MONDAY ,THE TENTH^{DAY OF APRIL} TWO THOUSAND AND^{TWENTY THREE}

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PRESENT

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THE HONOURABLE SRI JUSTICE^{SAMBASIVA RAONAIDU}

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TRANS. CIVIL MISC.P ETITION NO:¹⁹ OF²⁰²³

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Between:

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Mrs.D. Shravani, W/o. Mr. D. Praveen Kumar,^{D/o. LateS. AnanthaSwamy,} Aged about 38^years Occ. House^{Wife, Rl/o. 17-2-304114,Nabchawari} Yakutpura, Hyderabad.

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...PETITIONER

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AND

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D. Praveen Kumar, Sio. D. Shankar, Aged about 43 years, Occ. Business, R/o. H.No.13-7711, Venkateswara Colony, Sanga Reddy, Sanga Reddy District.

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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 accompanying affidavit, the High Court may be^pleased to transfer the H.M.O.P.No.13 of 2018 on the file of the Court of the, Honble Senior Civil Judge, Medak District, at Sangareddy to the Hon'ble Family Court, at City Civil Courts, Hyderabad.

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1A N9:^'l OF 2023

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Petition under Sectlon 24 ot 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 H.M.O.P.No. 13 of 2018 on the file of the Court of the Hon'ble Senior Civil Judge, Medak District, At Sangareddy pending disposal of the Transfer C.M.P.

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Counsel for the Petitioner : Smt. G. NIRAJA

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Counsel forthe Respondent : Mr. K. ROHIT

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU

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TR.C.M.P.NO.L9 ot 2023

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ORDER

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This petition is filed by the^{petitioner-wife} against^the respondent-husband with a^prayer to^{transfer H.M.O.P.No.13of} 2018 on the file of Senior^{Civil Judge at Sangareddy to Family} Court, City Civil Courts complex,^{Hyderabad.In support of the} petition, the petitioner has filed her own affidavit^{with the following} averments.

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On receipt of a marriage^{proposal from the respondent} and his family for the marriage of^{petitionerwith the respondent} herein, the same was accepted by^{the mother of petitioner} followed by engagement ceremony on^{25-08-2012.The} petitioner's family paid an amount of Rs.1.00,000/-^{to the father of} the respondent. However, the^mother of^{the petitioner diedon} 27-Og-2O12, thereby, the^{younger sister who was unmarriedtook} the responsibility and^performed the^{marriageof petitionerwith} the respondent. She has^presented a^{Motor-Bikeand paid a sum} of Rs.25,000/- to the father oF respondent^{in viewof their demand.} The marriage was performed on 08-11-20L2 at Saidabad. The peritioner joined the respondent, they lead happy marital life fOr a

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55RN,] TT.CMP No 19 of²⁰²³

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short^period. But subsequently,^{the in-laws of the petitioner} created disturbances and^{disputes between the petitionerand} respondent.

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In vlew of the^{said disputes, the respondent dropped} the petitioner at the^house of^{her sister but on continuous} enquiries by the^{petitioner'ssister, the respondentobtained a} rented house at Patancheru^{and occupiedthe same on} 10-12-2074. However, he^{refused to shoulderthe responsibilityof} the petitioner and failed to^provide basic^{necessitiesfor which the} petitioner was forced to depend upon her sister.

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The petitioner narrated some important^incidents wherein she was subjected to harassment by the respondent and his family members and further submitted that she came to^know the respondent filed H.M.O.P. No.13 of 2018 before the Senior Civil Judge, Medak seeking dissolution of the marriage. Even after^filing the said petition, the respondent approached the^petitioner and her sister and requested her to send the^petitioner with him.^A panchayat was raised before the elders and a document namely Memorandum of Family Settlement was executed in September, 2022. The respondent agreed to take^good care of the^petitioner and agreed to withdraw H.M.O.P. No.13 of 2018 but he did^not withdraw the case and again demanded money to clear his^loans.

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-^>.ir;-:: -'ir +

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S5RN,] Tr CMP^{No.19 of 2023}

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5 The petitioner^{further stated that due tothe} harassment^{from the respondent,she} approached^the Police, Patancheru^{and filed a complaint witha} request to^{take action} the resPondent^{to the} against him.^{However,the policecalled} police station but^{no action wasinitiatedagainst him.The} unemployee^{and dePending} petitioner further^{states she being} upon her^{sister cannot attend the casefiled by the respondentat} Sangareddy,^{thereby,sought for transfer of divorcecase filed by} the respondent^{from Medak to City Civil Court'}

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Notice before^{admissionwas ordered'The respondent} was served^{with the notice and he has engaged an Advocate but} neither he^{appeared before the Court nor he filed counter disputing} the above^{stated averments There was no rePresentationby or} on behalf^{of the respondent'}

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Heard learned^{counsel for the petitioner'}

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B. Now the^{point for considerationis:}

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Whethertherearegroundsforconsideringtherequestofthe petitioner and to^{transfer H M'O'P No 13 of 2018 from Sangareddy to} HYderabad?

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The^{petitioner and respondent are wife and husband'} There is no^{disputeabout the marriage' The respondentfiled} H.M.o.P.No.13 of 2018^{petition for dissolution of their marriage.} _^{The petitioner and respondent hardly lived a short period in the}

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Ssir N l Ir.CMP. No.19^{of 2021}

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wedlockanditseemsthereweredisputesbetweenthecouple.In the petition^{filed for divorce,the respondent has categorically} stated that^{petitioner left the respondentand went to her sister's} place number of times^{without any intimationand did not return} back till today.^{On the other hand, the petitioner claims that the} respondent^{refused to shoulder her responsibility' thereby' she} was forced^{to dependu pon her sister' The petitioner fu rther} claims that^{the respondentand his family memberssubjected her} to harassment,^{thereby,she lodged a complaintat PoliceStation'}

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As^{per the descriptionin the causetitle, the petitioner} is an unemployee^{and residingat her sister's house'If she has to} contest the divorce^{petition at Sangareddy, she has to take helpof} her sister who^{is workingas a Lectureron every date of hearing'} The respondent^{did not raise any seriousobjection to the request} made by the^{petitioner herein. In the light of the observations} made by the^{Hon'bleApex Court in number of similar cases' the} interest of the^{petitioner being a lady needs to be protected'} Therefore, the^{petitionis liableto be allowed'}

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In the^{result, petition is allowed'The H'M'O'P'No'13} of 2018 is^{transferredfrom Senior Civil Judge Court' Sangareddy'} to Family Court,^{City Civil Court, Hyderabad'The learnedSenior} Civil Judge, Sangareddy,^{is directedto transfer the entirerecord in}

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SSRN,] Tr.CMP. No.19^0f2023

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H.M.O.P.^{No.13of 2018 by duly indexingthe same within two (2)} weeks from^{the date of receiving the order under due intimationto} the resPondent.

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Consequently,^{Miscellaneousapplications if any' are closed'}

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No costs.

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Sd/- MOHD.^{SANAULLAHANSARI} "-' "'-'Isdidiarlr REGIsTRAR /

//TRUE^COPY//

SECTION^OFFICER

To,

The Senior^{CivilJudge,IvledakDistrict'at Sangareddy}

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The^{Family Court' at City Civil Courts'Hyderabad}

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One^{CC to Smt.G. NIRAJA,Advocate [OPUC]}

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One^{CC to Mr. K ROHIT,AdvocateIOPUCI}

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Two^{CD CoPies}

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HIGH COURT

SSRN,J

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DATED:1010412023

ORDER

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TRCMP.No.19 of 2023

ALLOWING THE TR.C.M.P. c.4t⁴ @ ffi-"

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D. Shravani v. D. Praveen Kumar

Case brief

What is this about?

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D. Shravani v. D. Praveen Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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