Allowed

Smt. K. Srilatha , Ajju Srilatha v. Kathi Nagaraju

Telangana HC21 Dec 2023TRCMP/200/2023

Case brief

AI extract

What is this about?

The High Court allowed a transfer civil miscellaneous petition seeking to move O.P. No. 1641 of 2022 from Additional Family Court, Hyderabad to Senior Civil Judge, Nagarkurnool, citing the petitioner's heavy travel burden and pendency of related criminal and maintenance cases in Delhi.

What did the court decide?

O.P. No. 1641 of 2022 transferred from Additional Family Court, Hyderabad to Senior Civil Judge, Nagarkurnool; transmission of files directed.

Smt. K. Srilatha , Ajju Srilatha Vs Kathi Nagaraju — Matrimonial and Divorce | Telangana HC (2023)

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IN THE HIGH COURT^{FORTHESTATEOF TELANGANA} AT HYDERABAD

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THURSDAY,THE TWENTY^{FIRST DAY OF DECEMBER} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SMT JUSTICEK. SUJANA}

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S. L M]SC.PETITION^NO:mooF2023

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Between:

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Smt. K. Sdlatha @^{Ajju Srilatha,W/o' KathiNagaraly' D/o' Chinna Yel{aiah' Age} il';;il: o;,-H5usewite,-ivo.^{H.tto.g-ts7,Narsaipalle Village, Kollapur} t,taniat, lriagarkurnool^District.

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...PETITIONER/RESPONDENT

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AND

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Kathi Nagaraiu,^{S/o. Late K Eashwaraiah, Age 33 lears' Occ: Private Employee'} iid. H.N62:i-i 2olct^{l2,stieeit'to.t t, KdmJla Na0ar, Golnaka' Amberpet'} Hyderabad.

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...RESPONDENT/PETITIONER

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PetitionunderSection24oftheC.P.C.Prayingthatinthecircumstances Statedintheaffidavitfiledtherewith,theHighCourtmaybepleased..towithdraw it" O.p No.1641 of^{2022 from Honourable IAdditional Family courtat} il1"rru"o, and^{transfer the said o.p No.1641 of 2022 to senior civil Judge} Court at Nagarkurnool.

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lA NO: 1 OF 2023

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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 courtmaybe pleasedto} it"y "tt trrtt.r^{proceedings in O.P No.1641 of 2022 from HonourableI Additional} Family court at Hyderabad^{pending disposal of the Transfer Civil Petition'}

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Counsel for the Petitioner .^{: SRl. N. BHUJANGA RAO}

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Counsel for the Respondents^{: SRI S. VIJAYAPRASHANTH}

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The Court made the following:

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THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P. ilo.2o,0 0F 2023

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ORDER:

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This Transfer civil Miscelaneous petition is fited by the petitioner, who is the wife of respondent, under Section 24 of the Code of Civil Procedure, 190g, seeking the Court to transfer o'P.No. 1641 of 2022 on the frre of the rearned Judge, I Additional Family court, Hyderabad, to the frle of the learned senior civil Judge, Nagarkurnool. O.p.No.164l of 2022 is filed by the respondent-husband against the petitioner-wife for dissolution of marriage.

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2 Heard learned counsel for the respective parties. Perused the material available on record.

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3' As cotrld be seen from the averments in the affidavit filed in support of the petition, the marriage of the petitioner with respondent was solemnized on l2.O4.2OlZ at pedda Karupamula Village, Pedda Kothapally Mandal, Nagarkurnool District, as per Hindu rites and customs and out of wed_lock, they btessed with a baby boy. Thereafter, disputes arose between them and since the petitioner and her minor child were neglected by the respondent, she was constrained to file a Maintenance Case vide M.C.No.14 of

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SI(S, J Tr.C.M.P.No. 2OO of 2O23

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2Ol9 on the file of the Judicial First Class Mrgstrate, Kollapur. Due to unbearable harassment of the respondent, she also filed a private complaint against the respondent-husband before the Judicial First Class Magistrate, Kollapur, and the said Court took cognizance of the offences under Sections 498-A, 323 read witJ: Section 109 I.P.C. and the same is pending.

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Learned counsel for the petitioner submits that ttre petitioner along with her son, who is aged about 5 years, residing at her parents' house at Narsaipally Village, Kollapur Mandal, Nagarkurnool District, she has no source of income and she has to take care of her minor son, as such, she is facing much difficulty in attending the proceedings in O.P.No.1641 of 2022 pending before the learned Judge, I Additional Family Court, Hyderabad, which is at a distance of about 160 kms., on each and every date of hearing. Hence, prayed to transfer O.P.No.1641 of 2022 pending on tJre frle of learned Judge, I Additional Family Court, Hyderabad, to the file of learned Senior Civil Judge, Nagarkurnool.

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Learned counsel for the respondent states that as per ttre instructions of the respondent, bottr parties are living together.

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51(s, J Tr.C. M. P. No.2OO of 2023

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Having considered the facts and circumstances of the case and the submissions made by learned counsel for the respective parties, since a criminal case and a Maintenance Case a.re pending against the respondent-husband on the frle of learned Judicial First Class Magistrate, Kollapur, Nagarkurnool District, this Court deems it appropriate to transfer O.P.No.164l of 2022 from the flrle of the learned Judge, I Additional Family Court, Hyderabad, to the file of learned Senior Civil Judge, Nagarkurnool.

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7 . Accordingly, the Transfer Cirril Miscellaneous Petition is allowed. O.P.No.1641 of 2022 is transferred from the flle of the learned Judge, I Additional Family Court, Hyderabad, to the frle of the learned Senior Civil Judge, Nagarkurnool. The Court concerned is hereby directed to transmit the entire case file relating to O.P.No.1641 of 2022, after duly indexed, within a period of one month from the date of receipt of a copy of this order, under intimation to the other side. There shall be no order as to costs.

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Pending Miscellaneous Applications, if any, shalL stand

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closed.

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sd/- MOHO.ISMAIL ASSTSTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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The I Additional Family court at Hyderabad. 2. The Senior Civil Judge Court at Nagarkurnool.

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One CC to SRl. N. BHUJANGA RAO, Advocate [OPUC] 4. One CC to SRl. S VIJAYA PRASHANTH, Advocate [OPUC]

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Two CD Copies

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HIGH COURT

DATED:21112;/2023

ORDER

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TRCMP.No.200 of 2023

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Tr.C.M.P is ALLOWED.

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Smt. K. Srilatha , Ajju Srilatha v. Kathi Nagaraju

Case brief

What is this about?

What did the court decide?

Smt. K. Srilatha , Ajju Srilatha v. Kathi Nagaraju

Case brief

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What did the court decide?

What the court decided

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