Allowed

Smt. Kancharakuntla Jyothi v. Kancharakuntla Trinath Reddy

Telangana HC21 Dec 2023TRCMP/410/2023

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC, transferring a restitution of conjugal rights suit from the Additional Senior Civil Judge, Mancherial, to the Senior Civil Judge, Bhupalpally, due to the petitioner's pregnancy and distance from the hearing court.

What did the court decide?

H.M.O.P. No. 119 of 2023 transferred from Additional Senior Civil Judge, Mancherial, to Senior Civil Judge, Bhupalpally. Case file to be transmitted within one month.

Smt. Kancharakuntla Jyothi Vs Kancharakuntla… — Matrimonial and Divorce | Telangana HC (2023)

¶1

[^338s ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

THURSDAY THE TWENW FIRST DAY OF DECEMBER TWO THOUSAND AND TWENW THREE

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE K. SUJANA

¶6

TRANS. ctvtL Mtsc.PETITION NO:410 oF 202s

¶7

Between:

¶8

Smt.. Kanchalgkuntta Jyothi, Wo Trinath Reddy, D/o. prakash Reddy Dorna (late) Age.d ?8_ years, Occ. . Software Employee R:/o. H No.1-1 5/C, jadalpei Village Chityal Revenue Mandal, Bhupalpalli Diatrict

¶9

...PETITIONER/RESPONDENT

¶10

AND

¶11

Kancharakuntla Trinath Red-dy, S/9, Sanjgev -Doragarip6iili,-tndararir Reddy, aged 31 years, Occ. Software -elnplgy.egr Ryo.. H No. 1-268/1 , Viliage Jaipur Revenue Mandal, Mancherial District

¶12

...RESPONDENT/PETITIONER

¶13

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 withdraw and transfer the HM oP No. 1 19 of 2023 pending on the file of court of the Hon'ble Additionar senior civir Judge-cum- Asiistant sessions Judge at Mancherial to transfer the same to the Hon'bre senior civir Judge, Bhuparpily.

¶14

IANo: 1OF 2023

¶15

Petition under section 'r51 cpc praying thai in the circumstances stated in the affi9.gvit filed in support of the petition, ine Hign court may o" pr"""LJ io grant srAY all further proceedings in HM op No. 1i9 0f 2023 pe;ding on te rii" of court of the Hon'ble Additional Senior civil Judge-cum- Assistant Sessions Judge at Mancherial, pending disposal of the above T;. CMp.

¶16

Counsel for the Petitioner : SRt. AJAy KUMAR MADISETW

¶17

Counsel for the Respondent : NONE AppEARED

¶18

The Gourt made the following:

¶19

¶20

THE HONOURABLE SMT. WSTICE^{K. SUJANA}

¶21

Tr.C.M.P. No.410 OF 2o23

¶22

ORDER:

¶23

This Transfer Civil Miscellaneous^{Petitionis filed by the} petitioner, who is the wife of^{respondent,under Section 24 of} the Code of Cir.il Procedure,^{1908, seekingthe Courtto} transfer H.M.O.P.No.119 of 2023^{from the file of the learned} Additional Senior Civil Judge,^{Mancherial,to the file of the} learned Senior Civil Judge,^{Bhupalpally. H.M.O.P.No.119 of} 2023 is filed by the respondent-husband^againsttl:re petitioner-wife seeking the relief of^{restitution of conjugal} rights.

¶24

Heard learned counsel for^{the petitioner. Despiteservice} of notice, there is no representation^{on behalf of the} respondent-husband. Perused^{the record.}

¶25

As could be seen from the averments^{in the affrdavit f,tled} in support of the petition, the^{marriageof the petitionerwith} respondent was^{solemnizedon 13.10.2019at Bhupalpally,as} per Hindu rites and customs.^{In the month of May, 2O2O dtle} to ill-health of the^{petitioner,she lost her pregnancy.}

¶26

¶27

rr. c. u.^p. r o. + t o oiilz"s

¶28

Thereafter, disputes arose between them ard the respondent necked out the petitioner from his house and since then she is residing with her parents at her native village in Bhupalpalli District. She is seven months pregnant at the time of Iiling of this petition and to substantiate the same, she also filed medical reports.

¶29

Learned counsel for the petitioner submitted that the petitioner is residing at her parents,s house in Bhupalpally District and she has to travel from Bhupatpally to Mancherial, which is at a distalce of about 220 kms., to attend the proceedings in H.M.O.P.No.119 of 2023, as she is pregnant, she is facing much difficult5r in attending the proceedings in H.M.O.P.No.1L9 of 2023 on each and every date of hearing. Hence, learned counsel for the petitioner prayed to transfer H.M.O.P.No. 179 of 2023 from the file of learned Additional Senior Civil Judge, Mancheria_I, to the .file of learned Senior Civil Judge, Bhupalpally.

¶30

Having considered the facts and circumstances of the case and the submissions made by learned counsel for the petitioner and in view of the health condition of the petitioner,

¶31

Tr.C. IV. P. No.4¹ O of 2O23

¶32

this Court deems it appropriate to transfer^{H.M.O.P.No.119of} 2023 from the file of the^{learnedAdditional Senior Civil Judge,} Malcherial, to the frle of learned^{SeniorCivil Judge,} Bhupalpally.

¶33

Accordingly, the Transfer Civil^{Miscellaneous Petition is} dllowed. H.M.O.P.No.119 of^{2023 is transferredfrom the file of} the learned Additional Senior Civil^{Judge, Mancherial, to the} file of the learned Senior Civil Judge, Bhupalpally.^{The Court} concerned is hereby directed to transmit^{the entire case file} relating to H,M.O.P.No.119 of 2023,^{after dulyindexed, within} a period of one month from the^{date of receipt of a copy of this} order, under intimation to the^{other side. Thereshall be no} order as to costs.

¶34

Pending Miscellaneous Applications, if^{any, shall stand} closed.

¶35

¶36

Sd/- Mohd. ls ail ASSISTANT REGIST //TRUE COPY// SECTION OFFICER To, t. The Additional Senior^{Civil Judge-cum- Assistant Sessions Judge} at Mancherial. z. The Hon'ble Senior^{Civil Judge, Bhupalpally.} 3. One CC to SRl. AJAY KUMAR^{MADISETTYAdvocate} [OPUC] 4. Two CD Copies ghD L $.-

t /

Afi +"e

F 1.,^.i

iIt

HIGH COURT

DATED:2111212O23

ORDER

TRCMP.No.410^{of 2023}

¶48

ffi

¶49

1
,)\ <br>I )
I
2 E t4tl 20?4
o
{.,
7- ,,J!ti4
9tsP/,r cH EO
ir#

¶50

ALLOWTNG^Tr.C.M.P

¶51

$
G

¶52

,:- ira
Fi$.

Smt. Kancharakuntla Jyothi v. Kancharakuntla Trinath Reddy

Case brief

What is this about?

What did the court decide?

Smt. Kancharakuntla Jyothi v. Kancharakuntla Trinath Reddy

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

Similar cases

Venkata Raja Tirukovela Vs Smt. Dharani Paravastu

KadamAishwarya@ BonthalaAishwarya Vs BonthalaSrikanth

Sheri Anuradha Vs Sheri Shiva Charan Teja

Bandari Srinivas Vs Gandam Jampaiah

Smt. K. Srilatha , Ajju Srilatha Vs Kathi Nagaraju

Smt.Lavanya Vs Yavapuram Sridhar