Allowed

H. Shereesha Kumari v. Tankara Rajeshwar Sharan

Telangana HC28 Mar 2023TRCMP/429/2022

Case brief

AI extract

What is this about?

In a transfer petition under Sections 24 and 151 CPC, the High Court allowed the transfer of a family court case from Ranga Reddy to City Civil Court, Hyderabad, citing the petitioner's maintenance case and pending criminal cases at the latter court to avoid inconvenience.

What did the court decide?

Withdrawal and transfer of FCOP No. 526 of 2019 from Family Judge, Ranga Reddy, to Additional Family Judge, City Civil Court, Hyderabad, with a direction to proceed within two months.

H. Shereesha Kumari Vs Tankara Rajeshwar Sharan — Service and Employment | Telangana HC (2023)

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[³²⁵⁸ ]

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IN THE HIGH^{COURT FORTHE STATEOF TELANGANA} AT HYDERABAD

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TUESDAY, THE^{TWENTY EIGHTH DAY OF MARCH} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE SAMBASIVARAO NAIDU}

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TRANS. CIVIL MISC.P ETITION^{NOi 429 0F 2022}

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Between:

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H- Shereesha^{Kumari,Wo. Tankara Rajeshwar Sharan Aged about 32 years,} tl". Hori" Aob F/o^{H.No.t-g-32g, Chappal Bazar, Kachiguda, Hyderabad'} T.S.

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...PETITIONER

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AND

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Tankara Rajeshwar Sharan,^{S/o T.BalakishanjiAged about.42.yegrs,} Qc9 Governmenf Service^{R/o 9-9-127,Reddy colonyChampapet,Hyderabad.T.S.}

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...RESPONDENT (r

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Petition Under Section 24^{of the C.P.C.Prayingthatin the circumstances} stated in the affidavit filed therewith, the^{High Court may be pleased to withdraw} the F.C.O.P.NO. 526 of 2019 and transfer the^{FCOP No. 526 of 2019from the} court of the Judge Family Court Ranga Reddy district^{at L.B. Nagar to the Court} of Additional Family Court Judge, City Civil Court, at Hyderabad

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lA NO: 1 OF 2022

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Petition under Section 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 of all further proceedings in F.c.o.p.No. s26 ot 2019 on the file of the court of the Judge Family Court Ranga Reddy District at L.B. Nagar pending disposal of the Transfer petition

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Counsel for the Petitioner: SRl. SATEESH KUMAR B|JAPURI

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Counsel forthe Respondent: SRl. B. SRINIVASULU

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU

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T RC tVIL MIS ON NO.4290F ,a

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Q&OEE.

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This Transfer Civil Miscellaneous petition is filed by the petitioner/wife against the respondent/husbaad under Section 24 of the Code of Civil procedure, l90g seeking transfer of F.C.O.p.No.526 of 2O19 from the file of the Family Judge, Rangareddy District at L.B.Nagar, to the file of the Additional Family Judge, .. City Civil Court, Hyderabad.

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The petitioner having filed her aflidavit and submitted that she has already filed criminal cases against the respondent and a maintenance case, which are pending at the complex of City Civil Court, Hyderabad. She has claimed that she has a small child and it causes inconvenience to attend the Court at L.B.Nagar.

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Learned^{counsel for therespondent has} submitted^{that filing of this petition was only delay} tactics^{played by the petitioner tododge the} proceedings in^{the divorce petition filed by the} respondent.^{The petitioner isavoiding the cross-} examination^{of the respondentin the divorce petition} for the^{past one year' Therefore' while reporting 'no} objection',^{he sought for a directionto the petitioner to} proceed with the^{cross-examinationwithoutasking} any adjournments. :,. 4. In view^{of circumstancesdiscussed hereinbefore'} without^{going into the merits of the petition'this} petition is^{allowed' As aconsequence thereof'} F.C.O.P.No.526^{of2O19 on the frle of the FamilyJudge'} Rangareddy^{District at L'B'Nagar' is withdrawnand} transferred^{to the Iile of the Additional Family Judge'} City Civil^{Court, HYderabad'}

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The concerned^{Court ishereby directed to} transmit the entire^{case file, after duly indexed' within}

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\ ,(,

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two u,eeks from the date of receipt of a copy of this

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Order, undcr the intimation to the other side.

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However, learned Additional Family Judge, City

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Civil Court, Hyderabad, on receipt of the record, shall

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proceed with the enquiry and dispose of the divorce petition within a period of two (2) months from the

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date of receipt of a copy of this Order.

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Pending miscellaneous applications, if any, shall

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stand closed. No costs.

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Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

//TRUE COPY// Cn

To,

SECTION OFFICER

'1. The Family Court Judge, Ranga Reddy District at L.B. Nagar

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The Xlll Additional chief Metroporitan Magistrate at Nampaily, Hyderabad

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One CC to SRl. SATISH KUMAR BtJApURl, Advocate tOpUCl

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One CC to SRl. B. SRIN|VASULU, Advocate tOpUCl

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Two CD Copies

VH kan.r

HIGH COURT

SSRN, J

DATED: 2810312023

ORDER

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TRCMP.N o.429 of 2022

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ALLOWING THE PETITION

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H. Shereesha Kumari v. Tankara Rajeshwar Sharan

Case brief

What is this about?

What did the court decide?

H. Shereesha Kumari v. Tankara Rajeshwar Sharan

Case brief

What is this about?

What did the court decide?

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