Allowed

Sheri Anuradha v. Sheri Shiva Charan Teja

Telangana HC20 Dec 2023TRCMP/397/2023

Case brief

AI extract

What is this about?

The High Court allowed a Transfer Civil Miscellaneous petition under Section 24 CrPC. The petitioner, residing with parents and a child in Bodhan, sought transfer of the divorce case filed by the respondent from Zaheerabad to Bodhan due to difficulty in attending remote court and alleged threats. The transfer was granted.

What did the court decide?

H.M.O.P. No.44 of 2023 transferred from Senior Civil Judge, Zaheerabad, to Senior Civil Judge, Bodhan, forthwith.

Sheri Anuradha Vs Sheri Shiva Charan Teja — Civil Procedure and Limitation | Telangana HC (2023)

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,N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO

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WEDNESDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT THE HONOURABLE SMT JUSTICE K. SU.'ANA

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TRANS. CIVIL MISC.PETITION No: 397 OF 2023

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Between:

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Sheri Anuradha, Wo. Sheri Shiva Charan Teja, Age: 30 years, Occ- House hold, Now Rt/o Hunsa Village,- Bodhan Mlndal, Nizamabad District

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...Petitioner

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AND

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Sheri Shiva Charan Teja, S/o. Sheri Ashok Rao, Age: 35 years, Occ- Agriculture, Rl/o. H.No.1-1 1/'1, Timmapur Village, Manoor Mandal, Sangareddy District.

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...Respondent

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Petition Under Section 24 ot the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the H.M.O.P.No.44l2O23 from the Court of the Senior Civil Judge al Zaheerabad to the Court of the Senior Civil Judge, Bodhan, Nizamabad District.

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Counsel for the Petitioner: SRI PRAVEEN KUMAR VEERJALA

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Counsel for the Respondent: None appeared

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE K. SUJANA Tt.c.M.P.No.3970F 2023

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ORDER:

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This Transfer Civil Miscellaneous petition is liled under Section 24 of tlrre Code of Civil procedure, t9Og, by the petitioner, who is the wife of the iespondent, seeking the Court to transfer H.M.O.p.No.4 4 of 2023 from the Court of the learned senior civil Judge, Zaheerabad, to the court of the learned Senior civil Judge, Bodhan, Nizamabad District.

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Heard Sri praveen Kumar Veerjala, learned counsel for the petitioner. Though notice served upon the respondent, none appeared on his behalf.

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Brief facts of the case a_re that the marriage between the petitioner and the respondent was solemnized on 06.05.2023 as per Hindu rites and customs. After the marriage, they lead their marital life for some period and they were blessed with one son who is 7 years old and the second son died within a period of one month. After sometime, the disputes arose between them, as such, the respondent_husband registered a case in Crime No.573 of 2022 for the offences punishable

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SKS, J Tr. C.M.P. No.397 oJ 2023

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under Section 307 of IPC. Later, the respondent-husband frled H.M.O.P.No.44 of 2Q23, pending on the file of the learned Senior Civil Judge, Zaheerabad seeking dissolution of marriage.

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Learned counsel for the petitioner submitted that the petitioner is residing with her parents at Bodhan along with her male child about 7 years o1d and she is dependent on her parents. As such, it is difficult to attend the Court at Zaheerabad along with her child, on each and every date of adjournment. Learned counsel further submitted that there is a threat in the hands of the respondent and prayed the Court to transfer H.M.O.P.No.4 4 of 2023 from the Court of tfie learned Senior Civil Judge, Zaheerabad, to the Court of the learned Senior Civil Judge, Bodhan, Nizamabad District.

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Having considered the facts and circumstances of the case and the submissions made by learned counsel for the petitioner and since the petitioner is staying in Husna Village at Bodhan-, it is diflicult for her to attend the Court at Zaheerabad on each and every date of adjournment. Hence, this Court deems it appropriate to transfer H.M.O.P. No.44 of 2O23 from the Court of the learned Senior Civil Judge,

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J.I\J, J Tr.C. M. P. No.39Z of 2O2 3

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Zaheerabad, to the Court of the learned Senior Civil Judge, Bodhan, Nizamabad District.

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6' Accordingly, the Transfer civil Miscelraneous petition is allowed. H.M.O.p.No.44 of 2023 stands transferred from the file of the learned Senior Civil Judge, Zaheerabad,, to the file of the learned Senior Civil Judge, Bodhan, Nizamabad District. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.p.No.44 of 2023, after duly indexed, within a period of one (l) 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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7 Pending Miscellaneous Applications, if any, shall stand closed.

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SD/. MOHD. SANAULLAH ANS ASSISTANT REGIST R

//TRUE COPY//

SECTION OFFICER

To,

The Senior Civil Judge at Zaheerabad

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The Senior Civil Judge, Bodhan, Nizamabad^District. 3. One CC to SRl. PRAVEEN KUMAR VEERJALA^Advocate loPUcI 4. Two CD Copies MYw

HIGH COURT

DATED:2011212023

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ORDER

TRGMP.No.397 of 2023

ALLOWING THE TR.CMP

WITHOUT COSTS

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Sheri Anuradha v. Sheri Shiva Charan Teja

Case brief

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Sheri Anuradha v. Sheri Shiva Charan Teja

Case brief

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