Allowed

Tati Hemalatha @ Gunda Hemalatha v. Tati Chaitanya Babu

Telangana HC2 Feb 2024TRCMP/2/2024

Case brief

AI extract

What is this about?

Transfer Civil Miscellaneous petition filed under Sections 24 and 151 CPC praying for transfer of a suit for dissolution of marriage from Godavarikhani to Huzurabad Civil Court for consolidation of proceedings, which was allowed.

What did the court decide?

H.M.O.P.No.145 of 2023 transferred from Senior Civil Judge at Godavarikhani to Senior Civil Judge at Huzurabad to try along with O.P.No.103 of 2023.

Tati Hemalatha @ Gunda Hemalatha Vs Tati… — Civil Procedure and Limitation | Telangana HC (2024)

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA AT HYDERABAD}

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FRIDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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TRANS. CIVIL M ISC.PETITION NO: 2 OF 2O24

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Between:

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Tati Hemalatha @ Gunda Hemalatha, Wo. Tati^{Chaitanya8abu,Aged about 29} years, Occ: Housewife, Rl/o. H.No.1-105, Kothapalli Village, Jammikunta^Mandal' Karimnagar District

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...pETrrroNER

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AND

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Tati Chaitanya Babu, S/o. Rammurthi, Aged. 34^{years,Occ: Pvt. Enployee,Rl/o.} Q.No,T2-300, GM Colony, Godavarikhani,^{Ramagundam Mandal' Peddapalli} District'

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...RESP.NDENT

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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} the. H.tVl.O.P.No.145 of 2o/$on the file of^{the SeniorCivilJudges Courtat} Godavarikhani and transfer the same to Senior Civil^{Judgeat Huzurabad.}

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lA NO: 1 OF 2024

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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} stay of all further proceedings in H.M.O.P.No.145 of 2023 on the^{file of the} Hon'ble Senior Civil Judges, Godavarikhani.

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Counsel for the Petitioner: SRl. ALLIKA SURESH

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Counsel for the Respondent: NONE APPEARED

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The Court made the following: ORDER

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TIIE HONOURABLE SMT JUSTICE N. SUJAITA TRANSr.ER c l1{ISc USP TIOITNo.02 OF 2o24

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ORDER:

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.^{This TransferCivil Miscellaneous} petition is liled under Section 24 of the cpc, 1908, by the petitioner, wh ( o is the wife of the respondent, seeking . ,.":"*. .;;;: --' the leamed^-senior H'M'o'P'No' 14 5 of 2O23on the lile of "rr,"""""t to the nre or the rearned senior civ, r".: ";;:;_::.:varikhaai

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Heard Sri Suresh o"tuu' learned counsel for the petitioner' Though notice served ,, behalf. ron the respondent' none appeared on his 3. The facts of the case are that, the I petitioner and respondent was soremnized orr,aa between the and they were bressed with baby boy on I 1.os.2o22. ,rou'ou.ror, the disputes arose between them. Th-.-r^__ Therefore' tht ptti'iot"'ereafter' before the sHo, Jamm " "";;:-j:,;,"1ffi members, which is ..j",:t-:,,'':t as crime No'172 of 2023 for the offences punishable ,,,*'"tttto pena, code and Secrion 4 of the "._,,::;:,::;"::;1,:,an ']" 've1' Later' she filed Dvc No.3g of 2023 on the fila ^, .. of the learned II Additional Judicial Magistrate of First clas "t '"^t"bad^and she under section 9 of the ,," ndu Marriage r r.r,' *j:t":::"T;:t:; ^.,,

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! tr

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SKS, Tr.C.M.P.No.O2^{of 2024}

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2O23,^{pendingon the hle of the learned SeniorCivil Judge at} Huzurabad,^{seeking forrestitutionofconjugalrights' As a} counterblast,^{the respondent hledH'M'O'P'No'145 of 2023 against} the petitioner-wife^{beforetlre frle of the learned Senior Civil Judge at} Godavarikhani,^{seekingdissolution of marriage under the flimsy} grounds.

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Learned counsel^{for the petitioner submitt€dthat the} petitioner is^{residing with her Parents'alongwith her minor child'} Further, she^{is facingmuch diffrculty to attend the Court by} travelling^{fromJammikunta to Godavarikhaniand prayedttris Court} to transfer^{the sameto the HuzurabadCourt' As such petitioner} herein frled^{O.P-No.1O3 of 2023 on t]le file of the learned Senior Civil} Judge at^{Huzurabadfor seeking restitution of conjugalrightsand the} respondent^{frled H.M'O'P'No'145of 2023on tJle frle of the learned} Senior^{Civil Judge at Godavarikhani for' dissolutionof marriage and} if the same^{were tried by two different Courts' there shall be chance} of the divergent^{orders and moreover'the petitioner has to take care} oftheminorsonandsheisdependingonherparentsfinancially.

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In view of^{the submissionsmade by the learned counsel for the} petitioner and^{the grounds mentionedin the petition'this Court} deems it^{appropriate to transfer H'M'O'P'No'145 of 2023 on the hle} of the^{learned Senior Civil Judge'Godavarikhani to the {ile of the}

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SKS, J Tr.C.M.P.No.O2^{of 2O24}

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learned Senior^{Civil Judge, Huzurabad, to try along with O'P'No'1O3} of 2023.

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Accordingly, this^{Transfer Civil Miscellaneous Petitionrs} allowed. Consequently^{H.M.O.P.No'145 of 2023 stands transferred} from the hle of^{the learned Senior Civil Judge at Godavarikhanito} the file of the^{learnedSeniorcivil Judge at Huzurabadto try along} with O.P.No.103^{of 2023. The Courtconcerned is hereby directed to} transmit the entire^{caselrle relatingto H.M.o.P.No.145of 2023,after} duly indexed,^{within a period of one (O1) month from the date of} receipt of a copy^{of this order, underintimation to the other side'} There shall be^{no orderas to costs'}

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Pending miscellaleous^{applications, if any, shall standclosed'}

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SD/- T. VIJAY^KUMAR

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ASSISTANT REGISTFAR b"/

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//TRUE COPY// SEcTloTOFFlcEd

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To, il 1 . The Senior^{Civil Judge at Godavarikhani'} 2. The Senior^{Civil Judgeat Huzurabad'} tl istrate at Huzurabad.

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1. The llnd^{Additional Judicial First Class Mag} 4. The Station^{House Officer, PoliceStatio} n Jammikunta^{Town,Karimnagarl} District.

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1. One^{CC to Sri. Allika Suresh,Advocate [OPUC]'} 6. Two CD^Copies

HIGH COURT

DATED: 0210212024

ORDER

TRCMP.No.2 of 2024

TRCMP IS ALLOWED

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Tati Hemalatha @ Gunda Hemalatha v. Tati Chaitanya Babu

Case brief

What is this about?

What did the court decide?

Tati Hemalatha @ Gunda Hemalatha v. Tati Chaitanya Babu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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