Allowed

Mrs.Pundru Shailaja v. Pundru Sudhaker

Telangana HC13 Mar 2023TRCMP/364/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition filed by a wife seeking to withdraw her husband's divorce case from Malkajgiri Family Court to Bhongir Principal Senior Civil Judge court. The transfer was granted due to her poverty, lack of income, and the practical difficulty of attending proceedings in Malkajgiri while caring for her son in Bhongir.

What did the court decide?

Transfer of F.C.O.P. No. 1611 of 2022 from Family Court, Malkajgiri to Principal Senior Civil Judge Court, Bhongir.

Mrs.Pundru Shailaja Vs Pundru Sudhaker — Writ and Judicial Review | Telangana HC (2023)

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t^32s8l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE SAMBASIVARAO NAIDU

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TRANSFE CIVIL MISCELLA NEOUS PETITlON No.364 ot 2022

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Between:

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Mrs.Pundru Shailaja, Wo. Pundru Sudhaker D/o yadagiri, Aged. 25 years Occ. Housewife, Rl/o. Thimmaipally village of Keesara^-Mand;l RR D;strict presently Rt/o lbrahimpuram village Of Thurkapally Mandal, District Nalgonda ...PET|TTONER AND

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Pundru Sudhaker, S/o. Narasimha Aged. 35 years Occ. Govt teacher Thimmaipally village of ,Keesara Mandal, RRDistrict

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...RESPONDENT

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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 withdraw FCOP No.1611 ot 2022 from the court of leamed Family court Judge tv,tatkajgiri and transfer the same to the court of learned Principat Senior civil Judge court, Yadadri-Buva nagiri District at Bhongir for disposal according to law and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of lhe case.

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lA NO: 1 OF 2022

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Petition under Seclion 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 in FCOP No.161 1 of 2022 on the file of learned Famity court Judge Malkajgiri, pending disposal of the Tr.CMP.

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This Petition coming on for hearing and upon perusing the affidavit filed in support thereof and upon hearing the arguments of Sri G. Ravichandran, Advocate for the Petitioner and none appeared for the Respondent.

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The Court made the following: ORDER

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THE HCI T'BLE SRI JUSTICE SAMBASTVA IT/\O NAIDU TRANSFI MISCELLANEOLANEO

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MISCELLANEOLANEO TI1ttON No.364 oF 2022

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ORDER:

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'l'he 1 etitioner herein is wife of respond<r trt rmd she has filed t[ is petition under Sectio n 24 of ().I, C. praying this Cr>urt o r.r.ithcirau, F.C.O.p.No.16I I of 2C:l:2 fr-om the Family cc'r-r t' Malkajgiri and transfer the same r,,.r ttre file of Principal iS,, 1i61 Civil Judge, yadadri Bhongir.

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As pe.- rire afl-idavit liled in support ol the :t,tition, the petitioner hi s pleacleci thar she is legally weddr:rl ,vifi: of the responc ent. Iltcir rnarriage u as performe<l on I I 05_20l4 at Bhar rth^: :tlctior.t Hall, yadagirigtrtta as per Jl; ndrr Rites and Cur.itorn At tl,re trme of marriage, the pate:;.rts of the petitionors p.esented Rs.5,00,000/, 6.5 tolas :l gold, 20 tolas of sih,e, :rrticles and Rs.50,OOO/ tou.ard:; l-l ou:;ehold articles to th( r.espoltclent. The.r lead happy manir.a life only for a pr riod ol 2 months and they begc,t 3 :l LiId. The petitione. F s alleged that she .,as subj€,cted to harassrn,,r-tt r, ith a demand for additional do\4rry. :iince she was unal,le to s;rtrsl-r.their demand, the responds:1 ar i[ his

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TY.CrttP No.364^{of 2022}

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family members^{neckedout her from the house'She filed} complaint^{before the Women Police Station'Nalgonda for} the offence^{underSection 498-A of IndianPenal Codeand} Section^{4 of Dowry and ProhibitionAct' The police having} completed^{investigation filed charge sheet which is pending} for adjudication.^{She has also} filed a Petition^vide maintenance^fromthe M.C.No.15^{of2079 claiming} respondent,^{which is pending on the frle of h'incipal Junior} Civil Judge,^{Bhongir'Subsequently'the respondent filed} divorcecaseunderSection13(1)(1a)ofHinduMarriageAct vide FCOP^{No. 1611 ol 2022 on the frle of Family Courtat} Malkajgirt

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The petitioner^{further states that respondentis not} paying any^{malntenance'She is not in a position to a-fford} travel expenses^{to attend the Family Court at Malkajgiri'} She has^{to take care of her son who is studyingin Bhongir} and a being^{poor lady withouthaving any male assistance'} it will^{be difhcult for her to travel all the way from Bhongir} to Malkajgiri^{to contestthe case hled by her husband'The} petitioner states^{that, since the respondent isalready}

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TY.CUP .'1o.364 oJ 2022

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I I !

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attend rng^. he marntenance case that was r I -'d by the petitioner ;, - Bhongrr, she prayed for tra-nsfer c,r divorce of petition fior r Malkajgiri to Bhongir

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Proof^,f service filed. The respondent di<l not choose to attend th : Court.

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Hearrl counsel for the petitioner

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N ovv tl e point for consideration is

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Vrletl', zr there are ang grounds to tror:fi r L{.M.O.P No. 16 1 of 2022 from the fiIe c,f F'aniLA Court, N'all:ct 7iri, to the f.le of Pnncipal Se^{,nior (--.uiL} Judge, Bhon11 r, as praged Jbr ?

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7. POINI

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Al; per the material averments madc in:hre petition and affida'rit filed in support of the petitiorr, i[ u a; t]re case of the 1;etLti ,ner that soon after the marr-iagr:, :,he joined the respor.c nt :rt his house. They tead h,,rppl, 11 1sr-,1r1 1i1" for some tin e Subsequentlr', disputes arosr: L r:twe en the couple. It ; as allegcd agarnst the respond,t^.r 1 that he subject€ d ttr r petitioncr to cruelty and dou'n hztlasrjment.

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Tr.c P r,10.364 oJ 2022

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As per the averments^{made in the affidavit, itseems the} petitioner has already filed^{a petition under Section 125} Cr.P.C., seeking^{maintenance and a criminal case with an} allegation that the^{respondent and his familymembers} subjected her to^{harassment- As per the allegations in the} affidavit hied by^{the petitioner she has frled petition for} maintenance at^{the place where the petitioner is staying'It} further shows that^{the respondent has filed divorce petition} under Section l3^(l )(1a)^{of Hindu MarriageAct vide} F.C.O.P. No.161l^{of 2022. The petitioner states thatshe} has no separate^{sourceol incomeand she being poor lady} without having any^{male assistance,it will be difficult for} her not only lor^{traveling such a distance, but also for the} travel expenses^{to attend and prosecute F'C'O'P'No'161 1 of} 2022. Counsel for^{the petitionerhas also submitted that in} the light of the^{judgment of the Hon'lcleApexCourt} between N.C.V.Aishutarya^{us A.S.Sarorlto:nrrKd'thik} Shcr, this Court^{has tosee theinterest ofthe} wife / petitioner.

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'^{2022SCCOnhne SC I199}

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Tr.t)lto No.:t64 oJ 2022

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i l

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in tlr: above judgment the Honble Sugr:.errLe Court was pleas: I to observe thal^,ttheneuer CotLtl:; are called_ upon tt ccr,;ider the plea of transfer, the Coun.s l.au,z to take into cc nsict. 'ration the economic soundne.ss o..,r ltL.tth parties, their st-ar,:.a!.^,-rd of hfe prior to the marriage ar:ct, :;uL,sequent thereta ano the circum.stances of both the F)c,.rt|.ts ,.n eking out the:ir lt. 'elih.ood and. under uhose prote(.t,)e L,mbrella theg ure . eeking their sustenance to tt[<t. Giten the preuaihng .: tcio-economic paradigm in the [r,.ct., t.tn society, generaiLg, it ts tlrc tuife's conuenience whic h mu:;, be tooked at while c'or sideing transfer.,, The petitiorrer lrr: ng a tady v'ithout a.,,v separate source of income, i r rs \ (. 1. <rifficurt for her not r nly for traveling slrch a distarrr<:e, I, r.rt zrlso for the tra'"eI e:t lenses. Therefore, the petitiorrer,s lr) _erost can be protecte,:. As such there zrre grounds [or. : r.ar_r sfer of F.C.O.P Nc,. I 51 1 of 2022 filed b,r the respor.rdcrrl /,r1usiband.

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In thr result, the petition is a[]ovrt::i. As a consequenco thereof, F.C.O.p.No. I i6l of 2022 t- rhe file of Familv ootrrr Malkajgiri, is u ithdraq., ancr tr.lrs,ferred to the filc of Prit cipal Senior Cii,il Judge, Bhongir..

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Ti.CMP 1,to.364 o!²⁰²²

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The concerned^{Court is hereby directedto transmit} the entire case file, after^{duly indexed, within (4) four} weeks from the date of^{receipt of this Order, under the}

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intimation to the^{other side.}

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As a sequel, pending^{Miscellaneous Applications, if}

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any, shall stand^closed.

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To,

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//TRUE COPY//

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SD/- B. CHANDRA PRAKASH ASSISTANT REGISTRAR C1p

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SECTION OFFICER

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1 The Family Court Judge. Nlalkajgiri.

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2 The Principal senior crvir Judge court, yadadri-Bhuvanagairi District at Bhongir.

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One CC to Sri G- Ravi Chandran, Advocate tOpUCI

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Two CD Copies gbr

Pf'1q.

HIGH COL RT

DATED:13 03t2023

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1 5 Ei'r<br>i!

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ORDER

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TR.C.M.P.N r.364 of 2022

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ALLOWING THE TR.C.M.P

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I^lr-(n, (9,/'-a\ p\u ',1'

Mrs.Pundru Shailaja v. Pundru Sudhaker

Case brief

What is this about?

What did the court decide?

Mrs.Pundru Shailaja v. Pundru Sudhaker

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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