Allowed

Smt. Damera , Katla Vidyasri v. Damera Gopal

Telangana HC17 Mar 2023TRCMP/72/2023

Case brief

AI extract

What is this about?

A transfer of a family court originating petition from Hanamkonda to Secunderabad was allowed after the respondent filed an affidavit of no objection. Consequently, proceedings in the transferred petition were stayed.

What did the court decide?

The Family Court Order No. 599 of 2022 was transferred from Hanamkonda to Secunderabad; further proceedings were stayed; the respondent's opposite petition remains pending.

Smt. Damera , Katla Vidyasri Vs… — Constitutional and Fundamental Rights | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE SEVENTEENTH 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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TRANS. CIVIL MISC.PETITION NO: 72OF 2023

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Between:

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Smt. Damera @ Katla Vidyasri, Wo. Gopal, D/o. Srinivas, aged 29^years Occ. Private employee, Rt/o. H No. 11-1-514163 Ground Floor, Dudbavi,Chilakalaguda, Secunderabad

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...PETITIONER

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AND

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Damera Gopal, S/o. Komurelli, aged 33^years, occ. Private employee Fi,/o.^h no. 28-4-1O7, Pegadapally Village Hasanparthy Mandal, Hanamkonda district

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...RESPONDENT/PETITIONER

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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 FC OP No. 599 of 2022 on the file of court of the Honble^Judge, Family Court at Hanamkonda to transfer the same to Honble^FamilyJudge, Family court at Hyderabad wherein a Crime No. 17312022 on the^file of^WPS, Begumpet, Secunderabad.

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!A NO: 1 OF 2023

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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 pleasedto} grant STAY all further proceedings in FC OP No. 599 of 2022 on the file of court of the Honble Judge, Family Court at Hanamkonda,^pending disposal of^the above Tr. CMP.

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This Petition coming on for hearing, upon^{perusingthe petition land the affidavit} filed in support thereof and upon hearing the arguments of^{SRI M.AJAYKUMAR} Advocate for the Petitioner and of SRI^{B. ARVINDREDDY,Advocatefor the} Respondent No.2.

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The Court made the following : ORDER

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HONOIJ IABLE SRI JUSTICE SAMBASIVA III\O NAIDU

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TR.C.M.P.NO.72 of 2023

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ORDER

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This l-r rnsfer Civil Miscellaneous petitiorl Iras been filed by the^{petitiore '-'rvife} under Section 24 of C.P.C., tr,r(rying this Court to trarrsf(3r F.C.O.P.No.599 of 2022 from Family Court, Hanaml,rondt to Family Court, Secunderabad.

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2 t s per the aFfidavit filed by the pet.iti )rer in support of her petitior, it was claimed that the marriagr: belween petitioner and re:;ponr 3nt was performed on 20-08-2022. The respondent was paid sLrl 'ic.ient dowry. The petitioner claims th;rt she joined the respondent at her in-laws house. There v/er€r scme disputes between thr couple when the respondent :arne t() know that she became pre.lnant prior to marriage, consequentiy the petitioner filed a com )laint against the respondent vi,je (. rinre No.173 of 2022 ender Sections 498-A, 509 r/w 34 of I.p.C, arrd Sections 4 and 6 of D^.wry Prohibition Act. The respond€nt: fi ed a petition under Ser:t.i rn 10(X) of Indian Divorce Act vide =C.Op.No.599 of 2022 befort Family Court, Hanamkonda. The pe,rtroner claims that she b,:ing a pregnant lady cannot travel ;rll -re way from

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SSRN,,I TT.CMP No.72 of 2023

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Secunderabad to Warangal and sought for transfer of F.C.O.p. from Warangal to Secunderabad.

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Notice before admission was directed.

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The respondent appeared before this Court.

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When the matter is taken up for hearing, the learned counsel representing the respondent informed this Court that respondent has no objection for transfer of his F.C.O.p. from Hanamkonda to Secunderabad. In view of the above representation, there is no necessity to go into the merits of the petition and the request of the petitioner can be considered.

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In the result, petition is allowed. The F.C.O.p.No.599 of 2022 is to be withdrew from Family Court, Hanamkonda and transferred to Family Court, Secunderabad. The learned Family Court Judge, Hanamkonda, is directed to transfer the entire record in F,C.O.P.No.599 of 2022 by duly indexing the same within two (2) weeks From the date of receiving the order under due intimation to the respondent.

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Consequently, Miscellaneous applications if any, are

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closed. No costs.

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SD/-MOHD. ISMAIL ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

'1 . The XV Additional Chief Metropolitan Magistrate at Hyderabad.

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The Judge Family Court at Hanamkonda, Hanmakonda District.

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The Station House Officer, Womens^police Station, Begumpet, Hyderabad

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One CC to SRl. AJAY KUMAR MADtSETry Advocate tOpUCI

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\ J

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E One CC to Si . ARAVIND REDDY B. Advocate [OpLrC] b. Two CD Coo r ; EDS Bsh. 1

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HIGH COIJRT

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DATED:17103t2023

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1 " *:r i. L -,, ii (u-,r l'l

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ORDER

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TRCMP.No.7 ,L of 2023

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ALLOWING I HE TR.CMP PETITION

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Smt. Damera , Katla Vidyasri v. Damera Gopal

Case brief

What is this about?

What did the court decide?

Smt. Damera , Katla Vidyasri v. Damera Gopal

Case brief

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