Petitioner-wife sought transfer of husband's divorce petition for convenience, citing her residence in Adilabad and his pending DV and IPC cases there. Court transferred the civil proceedings from Nirmal to Adilabad.
H.M.O.P.No.60 of 2021 transferred from Senior Civil Judge Nirmal to Senior Civil Judge Adilabad.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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[338s I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTYTHREE
PRESENf
THE HONOURABLE SMT JUSTICE K. SUJANA
TRANS. CIVIL MISC.PETITION NO: 283 OF 2023
Between:
KadamAishwarya@ Bonthala Aishwarya, W/o Srikanth Aged about 26 Years, Occ. House wife, Rl/o H.No.5-30, Ola Village, FyM Kuntala ,Nirmal District, Presently Residing at H.No. 7-2-1413, Vidhya Nagar, Adilabad at Her Parents House
..PETITIONERYRESPONDENT
AND
Bonthala Srikanth, S/o Maruthi Aged about 30 years, Occ: Agriculture Cum Business, Rl/o H.No.5-30, Ola Village, R/M Kuntala , Nirmal District.
..RESPONDENT/PETITIONER
Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the HMOP.No.6O ot 2021 on the File of Hon'ble Senior Civil Judge and Family Court at Nirmal to Hon'ble Senior Civil Judge at Adilabad.
lA NO: 1 OF 2023
Petition under Section 1 51 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 HMOP.No.60 of 2021 on the Fite of Hon'ble Senior Civil Judge and Family Court At Nirmal, pending disposal of above Tr_C.M.p.
Counsel for the Petitioner: SRl. RAGAM VISHAL
Counsel for the Respondent: SRI c VASANTHA RAYUDU
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA
Tr.C.M.P.No.283 OF 2023
ORDER:
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 H.M.O.P.No.6O of 2O2l pending on the file of the learned Senior Civil Judge, Nirmal, to the Court of learned Senior Civil Judge, Adilabad. H.M.O.p.No.6O of 2O2t is fited by the respondent-husband for dissolution of marriage.
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SKS, J Tr.C. M. P. No.2a3of 2O23
offencespunishableunder Section 498-A of Indian Penal Code and Sections3 and 4 of the Dowry Prohibition Act'1961 'After completion ofinvestigation,the ,Police concerned filed charge-sheet,whichis numbered as C'C'No'84Oof 202 Iand the same ispending before the learnedJudicial First Class Magistrate, Adilabad.She also filed a Domestic ViolenceCase urde D.V.C.No.25 of 2021, which is pending before the Judicial First ClassMagistrate,Adilabad' Further' on comingto know that theparents of respondent performedanother marriage to the respondent,tJre petitioner frled a complaint before the Women PoliceStation, Adilabad, against respondentand her in-laws andthe same is registeredas F'l R'No'61 of 2022 for the offencepunishable underSection494 read with Section 34 of Indian PenalCode. As a counter btast to the cases filed by the petitioner-wife,the respondent-husbandfiled H M'O'P'No' 60 of 2O2Lagainst the petitioner beforethe learned Senior Civil Judge,Nirmal, seeking divorce and the said O'P' is pending.
3
SKS, J Tr. C. M. P. No. 2 83 oI 2023
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to Nirmal, which is at a distanceof about9O kms., and she is facing much difficulty in attending theproceedings in H.M.O.P.No.6O of 2O2lpending bef6rethe learned Senior Civil Judge, Nirmal on each and every date ofhearing. Hence, prayed to transfer H.M.O.P.No.6O of 2027 pending on thefile of learned Senior Civit Judge, Nirmal,to the file of learned Senior Civil Judge, Adilabad.
4
r,.c M.p No.2$ o;5;b!
one month from the date of receipt of a copy of this order, under intimation to tl:e other side. There sha-ll be no order as to costs.
7 Pending Miscellaneous Applications, if any, sha.ll stand closed.
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DATED: 2011212023
ORDER
TRGMP.No.283 of 2023
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ALLOWING THE TR.C.M.P
plqt r
1 issue framed by the court
Whether the High Court is justified in transferring a matrimonial dissolution proceeding from Senior Civil Judge Nirmal to Senior Civil Judge Adilabad due to the petitioner's residence and pending cri
1 provisions across 1 enactments
Aishwarya Bonthala
Srikanth Bonthala
K. SUJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
