Allowed

Smt. R.Madhavi Latha v. S.Surendra Babu

Telangana HC10 Jan 2024TRCMP/485/2023

Case brief

AI extract

What is this about?

Wife sought transfer of husband's restitution of conjugal rights petition from Wanaparthy to Gadwal, alleging dowry harassment, a police complaint under Section 498A IPC and threats by the respondent, a Reserve Sub-Inspector. The High Court allowed the transfer petition, directing the file to be transmitted within one month.

What did the court decide?

H.M.O.P. No. 85 of 2022 transferred from Principal Senior Civil Judge, Wanaparthy to Principal Senior Civil Judge-cum-Assistant Sessions Judge, Gadwal; file to be transmitted within one month; no cost

Smt. R.Madhavi Latha Vs S.Surendra Babu — Dowry and Cruelty | Telangana HC (2024)

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[³³⁸⁵ J

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEONESDAY, 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. Ctvt L i,IISC.PETITI ON NO:485 OF m23

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Between:

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Smt. R.Madhavi Latha, Wo S. Surendra Babu, D/o R. prabhakar (RMp), R/o H.No. 6-70, Pedda Tandrapadu - Mllage, Of Rajoli Mandal, Jogulamba, GidwafDistrict.

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...Petitioner

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ANO

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S.Surendra Babu, S/o Loka Reddy, Occup. Reserve Sl police Head euarters, Wanaparthy, Rl/o. H.No.5-33 /1,^yenavalli Vi age of ltikyat Mandal, Jogulamba District. Now resides at Teachers Colony, Wanapadhy, town and Diitrict.

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"n"rrr"'

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...Respondent

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Petition under section 24 0f the c.p.c. praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to transfer H.M.o.P.No. 8512023 on the fire of the court of principlr senior civir Judge at wanaparthy, wanaparthy District to the court of the principar senior civir Jidgecum-Assistant Sessions Judge Gadwal.

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IANOt 1OF 2023

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Petition under Section^'r51 cpc praying that in the circumstances stated in the_affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings in the pursuance of H.M.o.p.No.Bst2o23 on the file of the Court of .the Principal Senior Civil Judge at Wanaparthy, pending disposal of transfer H. M.O.P 8512023.

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Counsel for thQ Petitioner: SRl. MD ARSHAD AHMED

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Counsel for the Respondents: NONE APPEARED

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE K. SUJAI{A Tr.C.M.P.No. 485 0F 2o23

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ORDER

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This Transfer Ci,ril Miscellaneous petition is filed under Section 24 of tte Code of Civil procedure, by the petitioner, who is the wife of the respondent, seeking the Court to transfer H.M.O.P. No.85 of 2023 on the lile of learned principal Senior civil Judge, wanaparthy, wanaparthy District to the fire of learned Principal senior civil Judge-cum_Assistant Sessions Judge, Gadwa.l.

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Heard Sri. M.D. Arshad Ahmed, learned counsel for the petitioner. None appeared on behalf of the respondent in spite of receiving notice.

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Main averments of the alfidavit, Iiled in support of the petition, are that the marriage between the petitioner and the respondent was solemni zed on lg.l2.2o2o as per Hindu rites and customs. After marriage, the respondent and his family membeqrstarted causing physical and menta-r harm to the petitioner demalding for additional dowry. The petitioner filed a complaint before Rajoli police Station, Jogulamba Gadwal

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/ I

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)

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SI(S, J Tr.C. M. P.No.4AS of 2O23

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District, which was registered as FIR No. 7g of 2023 under Section 498-4 IpC, 3 and 4 of D.p. Act. As a counter blast, respondent filed H.M.O.p. No. g5 of 2022, for Restitution of conjugal Rights, which is pending before principal Senior civil Judge Court at Wanaparthy.

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Leamed counsel for the peUtioner submits that the respondent is working as Reserve SI at Wanaparthy ald influencing the police in frling the charge sheet. Respondent threatened the petitioner to withdraw the complaint frled by her and forcing her to agree for mutua-r divorce. Therefore, the petitioner is under serious threat while attending the Court at Wanaparthy, hence, prayed the Court to transfer H.M.O.p. No. 85 of 2022 to the learned principal Senior Civil Judge-cumAssistant Sessions Judge, Gadwal.

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Having regard to the ,i.,#Sb-r"siona made by the learned counsel for the petitioner ald having gone through the material available on record, this Court is of the opinion that as the petitioner has serious threat in the hands of the respondent, it is difficult for her to attend the Court at warrparthy, on each and every date of adjournment. Therefore,

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)<br>

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SKS, J Tr. C. M. P. No.4 I 5 of 2O2 3

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this Court deems it appropriate to transfer H.M.O.P. No.85 of 2022, on the frle of learned Principal Senior Civil Judge, Wanaparthy, Wanaparthy District, to the frle of learned Principal Senior Civil Judge-cum-Assistant Sessions Judge, Gadwal.

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Accordingly, the Transfer Civil Miscellaneous Petition is Allowed. H.M.O.P. No. 85 of 2022 stands transferred from the file of the learned Principal Senior Civil Judge, Wanaparthy, Wanaparthy District to the frle of learned Principal Senior Civil Judge-cum-Assistant Sessions Judge, Gadwal. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.P. No. 85 of 2022, after duly indexed, within a period of one (1) month from the date of receipt of a copy of this Order, under intimation to the other side. There shall be no order as to costs.

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Pending Miscellaneous Applications, if any, shall stand

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closed.

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Sd/. T. VIJAY KUMAR ASSISTANT REGIS

//TRUE COPY//

SECTION OFFICER

To,

1 . The Principal^{Senior Civil Judge at Wanaparthy, Wanaparthy District'} 2. The Principal^{Senior Civil Judge-cum-Assistant Sessions Judge Gadwal} 3. One CC^{to Sri MDARSHAD AHMED,Advocate [OPUC]} 4. Two CD^CoPies sP/vH { *4-

Nt, lp

HIGH COURT

DATED:10 t01t2024

ORDER

TRCMP.No.4BS of 2023

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PA-CH eO

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ALLOWING THE TRCMP

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Smt. R.Madhavi Latha v. S.Surendra Babu

Case brief

What is this about?

What did the court decide?

Smt. R.Madhavi Latha v. S.Surendra Babu

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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