Allowed

bKarupothula , Chitaluri Kalyani v. Karupothula Mahesh

Telangana HC21 Dec 2023TRCMP/245/2023

Case brief

AI extract

What is this about?

The High Court allowed a Transfer Civil Miscellaneous Petition filed by the wife of the respondent under Section 24 CPC to transfer the divorce petition (O.P. No. 34 of 2022) from the Senior Civil Judge, Jangaon, to the Senior Civil Judge, Mahabubabad, where a restitution petition is pending. The court cited the distance, the petitioner's residence, and the respondent's counsel appearance in the d

What did the court decide?

O.P. No. 34 of 2022 is transferred from the Senior Civil Judge, Jangaon, to the Senior Civil Judge, Mahabubabad within one month. The respondent's counsel appearance is recognized as sufficient for fu

bKarupothula , Chitaluri Kalyani Vs… — Civil Procedure and Limitation | Telangana HC (2023)

¶1

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

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THURSOAY ,THE^{TWENTY FIRST OAY OF DECEMBER} TWO THOUSAND^{AND TWENWTHREE}

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PRESENT

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THE HONOURABLE^{SMT JUSTICE K. SUJANA}

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-i'i':ffi'

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TRANS. CIVIL MISC.PE^{T]TION NO:245 oF 2023}

¶7

Between:

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Karupothula, @^{Chitaluri Kalyani, Wo. Karupothula.M.ahesh, aged25 yeaG'Occ'} ii;.u;"il|d, hE^{oiira vittagd, Ddnthalapallv Mandal, Mahboobabad District'}

¶9

...PETITIONER

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AND

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Karuoothula Mahesh,^{S/o. Chinna Ramulu, aged 31 years,Occ Car Driver' Rl/o'} Devdruppala^{Villageand Mandal, Jangaon District'}

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...RESPONDENT

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PetitionUndersection24oftheC.P.C.Prayingthatinthecircumstances stated in the affidavit^{filed therewith,the Highcourt may be pleasedto withdraw} the o.p. No. 34 of^{2022on the file of the seniorcivil Judge at Jangaon and} transfer the same to^{the courtof the seniorcivil Judge at Mahabubabadto try} along with H.M.O.P.^{No.11 5 of 2022 on the file of SeniorCivil Judgeat} Mahbubabad.

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lA NO: 1 OF 023

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Petition under section^{151 CPCprayingthat in the circumstances statedin} the affidavit filed in support^{of the petition,the High courtmaybe pleased to stay} all further^{proceedings in o.P. No. 34 of 2022 on the file of the Senior civil Judge} at Jangaonand,^pending disposal^{of the Tr. CMP.}

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Counsel for the Petitioner^{: SRl. D. V. CHALAPATHIRAO}

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Counsel for the Respondents^{: SRI SRINIVAS BOINI}

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The Court made the following:

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THE HONOURABLE SMT. JUSTICE K. SUJANA

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Tr.C.M.P. No.245 OF 2023

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ORDER:

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This Transfer Civil Miscellaneous Petition is filed by the petitioner, who is the wife of respondent, under Section 24 of the Code of Civil Procedure, 1908, seeking the Court to transfer O.P.No.34 of 2022 on the file of the learned Senior Civil Judge, Jangaon, to the file of the learned Senior Civil Judge, Mahabubabad, to try along with H.M.O.P.No.115 of 2022.

¶24

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

¶25

As could be seen from the averments in the affidavit filed in support of the petition, the marriage of the petitioner with respbndent was performed on 16.03.2017 at Thorrur, Jangaon District, as per Hindu rites and customs ald out of wedJock, they blessed with a son. Thereafter, disputes arose between them and on 21.02.2020 the respondent beat tJle petitioner and necked her out from the matrimonial house. Since then, the petitioner along with her son has been residing at her parents' house, at Datla Village, Danthalapally Mandal, Mahabubabad District. Subsequently, the respondent filed O.P.No.34 of 2022 on tl.e file of

¶26

¶27

SI(s, J Tr.C. M.P.No.24 5 of 2023

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the learned^{Senior Civil Judge, Jangaon, seeking divorceand the} petitioner frled^{H.M.O.P. No.115 of 2022 on the frle of tJle learned} Senior Civil^{Judge, Mahabubabad, seekingthe relief of restitution} of conjugal rights.

¶29

l,earned counsel for the^petitioner would submit that the petitioner f-rled H.M.O.P.No.1I5^{of 2022} on the file of^learned Senior Civil Judge,^{Mahabubabad, whereinthough the respondent} made his^{appearancethroughan Advocate,further failedto} appear before^{the Court, hence,an exparte decree was passed.As} a counter blast^{to the case frled by the petitioner,the respondent} filed O.P.No.34 of^{2022 on the lile of learned Senior} Civil^Judge, Jalgaon, for dissolution^{of marriage. l,earned} counsel further submits that^{the petitioner alongwith her infart} child^{residing at} her parents'^{house atDafla Village, DanthalapallyMandal,} Mahabubabad^{District, she has no source of incomeand she has} to take care^{of her minor son, as such, she} is^{facing much} difficulty in attending^{the proceedingsinO.P.No.34} of²⁰²² pending before^{the learnedSeniorCivil Judge, Jangaon,} which is at a distance^{of about} 140 kms., on each and every date of hearing. Hence,^prayed to transfer O.P.No.34 of 2022 pending on the file of learned Senior Civil Judge, Jangaon, to the frle of learned Senior Civil Judge, Mahabubabad.

¶30

¶31

SKS, J Tr.C.M P.No.245 of 2O23

¶32

Learned counsel for the respondent^{would submit that} previously, the petitioner arld^{the respondentfiled a petition under} Section 13-B of Hindu^{MarriageAct, seeking divorce by mutual} consent before the Court^{of learnedSeniorCivil Judge, Jangaon,} and both parties failed to appear^{before thesaid Court'} Thereafter, they took customary^{divorce and respondentpaid} some arnount to the^{petitioner as permanent alimony. Even after} receiving the permalent^{alimony, she frled H.M-O.P. ll5of 2022 in} Mahabubabad seeking restitution^{of conjugalrights only to harass} ttre respondent arld if^{H.M.O.P.No.34 of 2022 is transferredto} Mahabubabad, the^{petitioner arld her family memberswill harass} the respondent, as^{such, prayed the Court to dismissthis petition.}

¶33

The only contention of^{respondentis that he already paid} permanent alimony to the petitioner.^{The respondentcan agitate} the same in O.P.No.34 of^{2022 or'byfiling apetitionin} H.M.O.P.No.¹ 15 of 2O22.

¶34

Having considered the facts^{and circumstancesof the case} and the submissions^{made by learned counsel for the respective} parties, this Court deerris it^{appropriateto transferO.P.No.34 of} 2022 from the hle of the learned Senior Civil Judge, Jangaon,^to the file of learned^Senior Civil Judge, Mahabubabad.

.rt

SKS, J Tr.C. M. P.No. 245 of 2O2 3

¶40

Accordingly, this Trarsfer Civil Miscellaneous petition is a-llowed. Consequently, O.P.No.34 of 2022 is transferred from the frle of the learned Senior Civil Judge, Jalgaon, to the flle of the learned Senior Civil Judge, Mahabubabad. The Court concerned is hereby directed to transmit the entire case file relating to O.P.No.34 of 2022, after duly indexed, \rithin a period of one month from tl.e date of receipt of a copy of this order, under intimation to the other side. The learned Senior Civil Judge, Mahabubabad is directed not to insist for personal appearance of the respondent herein in O.P.No.34 of 2022 pending on its file, on each and every date of adjournment, as long as his counsel is appearing and representing the case, except on any day when his personal appearance is required. There shall be no order as to costs.

¶41

Pending Miscellaneous Applications, if any, shall stand closed.

¶42

	Sd/- Mohd. lsmaiti ASSISTANT REGISTRAR , //TRUECOPY//
To, '1. z. 3. 4. 5. DL	SECTION OFFICER The Senior Civil Judge atJangaon The Senior Civil Jud6e atMah-bubabad. One CCtoSRl.D.V.CHALAPATHTRAO, Advocate[OpUC] One CC to SRt. SR	N
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HIGH COURT

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DATED:2'111212O23

1ti

ORDER

TRCMP.No.245^{of 2023}

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¶50

ALLOWNG THE^Tr.C'M.P

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bKarupothula , Chitaluri Kalyani v. Karupothula Mahesh

Case brief

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bKarupothula , Chitaluri Kalyani v. Karupothula Mahesh

Case brief

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