Allowed

Mrs. Nagulapalli Aruna v. Taidala Mahender

Telangana HC10 Jan 2024TRCMP/375/2022

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a transfer petition under Section 24 CPC, directing the migration of a Family Court custody/divorce case from L.B. Nagar to Chevella due to the petitioner's difficulty in traveling with a sick child.

What did the court decide?

F.C.O.P. No. 924 of 2022 transferred from Family Court, L.B. Nagar to Senior Civil Judge, Chevella; file transmission within one month.

Mrs. Nagulapalli Aruna Vs Taidala Mahender — Service and Employment | Telangana HC (2024)

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

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WEDNESDAY, THE TENTH DAY OF JANUARY 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 MISC.PETITION NO: 375 OF 2022

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Between:

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Mrs. Naoulaoalli Aruna, W/o. Mahen Taidala Mahender^{dhar,Agedabout22} Years, 6cc. House wife,Rl/o.2-1OOl2 Chinnamangalaram,^{MoinabadRanga} Reddy-501504.

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...Petitioner

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AND

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Taidala Mahender, S/o.Taidala Gopal, Ag ed 32 Years, Occupation. Traffic Home Guard (Police Department), Fyo ,H .No. 1-44, .Mothukapally Village, Moinabad Mandal, R.R.District.

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...Respondent

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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 transferthe} above FCOP 924 of 2022 which is^pending Before Additional^{Family Judge,at} L.B.Nagar to Senior Civil Judge cum Assistant Sessions^{Judge, Chevella for} adjudication.

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lA NO: 1 OF 2022

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Petition under Section 151 Crc^praying that in the circumslances^statedin the affidavit filed in support of the^petition, the High Court may be^{pleasedto stay} all further proceedings in above FCOP 924 of 2022 which is^{pendingBefore} Hon'ble Additional Family Judge, At^L.B.Nagar until disposal of above^Tr.CMP.

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Counsel for the Petitioner: SRl. P Achut Rama Shastry

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Counsel for the Respondent: N Lalitha Reddy^(None appears)

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The Court made the following: Order

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THE HONOURABLE SMT. JUSTICE K. SUJANA

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Tr.C.M.P.No.375 0F 2022

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ORDER:

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This Transfer Civil Miscellaneous petition is hled under Section 24 of the Code of Civil procedure, by the petitioner, who is the wife of the respondent, seeking the Court to transfer F.C.O.P.No. 924 of 2022 on the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar, to the file of the learned Senior Civil Judge-cum-Assistant Sessions Judge, Chevella.

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Heard Sri P. Achut Rama Shastry, learned counsel for the petitioner. None appeared on behalf of the respondent.

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Main averments of the affidavit, filed in support of the petition, are that the marriage between the petitioner and the respondent was solemni?Ed on 12.O2.2O2O as per Hindu rites and customs. After marriage, they are blessed with a baby boy and the age of the child is 14 months. Later, disputes arose between them when the respondent ald his family started harassing the petitioner for additional dowry. Vexed with the behaviour of the respondent, petitioner filed a report at

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SKS, J Tr.C. M. P. No. 375^{of 2O22}

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Moinabad Police Station, but the report was not registered by the police. For which act, W.p. No. 40g7g of 2022 was flled and thereaJter FIR was registered by the police. Later, respondent irled F.C.O.P. No. 924 of 2022, on the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar, seeking divorce.

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Learned counsel for the petitioner submits that as the petitioner is dependent on her parents and her child is suffering with kidney diseasg, it is very dif{icult for her to travel from Moinabad to L.B. Nagar, on each and every adjournment of the case and requested the Court to transfer F.C.O.P. No. 924 of 2022 to the learned Senior Civil Judgecum-Assistant Sessions Judge, Chevella.

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Having regard to the submissions made by the learned counsel for the petitioner and having gone through the material available on record, this Court is of the opinion that it is difficult for the petitioner to travel from Moinabad to Chevella along with her sick child, on each and every date of adjournment. Therefore, this Court deems it appropriate to transfer F.C.O.P.No. 924 of 2022 on the file of the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar, to

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SKs, J Tr.C.M.P.No^{375 of 2O22}

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the file^{of the learnedSeniorCivil Judge-cum-Assistant} Sessions^{Judge,Chevella'}

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Accordingly,^{the Tralsfer Civil Miscellaneous Petition is} Allowed.^{F.C.O.P.No'924of 2022stands transferredfrom the} frle of the^{IearnedJudge, Family Court' Ranga Reddy District} at L.B.^{Nagar,to the frle of the learned Senior Civil Judge-cum-} Assistant^{Sessions Judge, Chevella'The Court concerned is} hereby directed^{to transmit the entire case file relatingto} F.C.o.P.No.g24of2022,afterdulyindexed,withinaperiodof one (1) 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

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

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HIGH COURT

SKS, J

DATED: 1010112024

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ORDER

TRCMP.No.375 ot 2022

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ALLOWING THE TRCMP WITHOUT COSTS

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Mrs. Nagulapalli Aruna v. Taidala Mahender

Case brief

What is this about?

What did the court decide?

Mrs. Nagulapalli Aruna v. Taidala Mahender

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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