REDDYVARI MOUNIKA v. MUNAGALA DAMODAR REDDY
Court: High Court of Andhra Pradesh
Bench: VENUTHURUMALLI GOPALA KRISHNA RAO
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-02-05. REDDYVARI MOUNIKA v. MUNAGALA DAMODAR REDDY. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF FEBRUARY f/y" Or TWO THOUSAND AND TWENTY FIVE U V/ PRESENT THE HON’BLE SRI JUSTICE VENUTHURUMALLI GOPALA KRISHNA RAO TRANS. CIVIL MISC. PETITION NO: 374 OF 2024 Between: Reddyvari Mounika, W/o. Munagala Damodar Reddy, Age 29 Years, Occ. House Wife, R/o 1-61, Chinthala Palle Village, Miduthur Mandal, Nandyala District.. ... PETITIONER/PETITIONER/RESPONDENT AND Munagala Damodar Reddy, S/o. Munagala Gowri Sankar Reddy, Aged 29 Years, Occ. Software Employee, R/o 1-87, OC Colony, Yallur Village, Gospadu Mandal, Nandyala District.. ... RESPONDENT/RESPONDENT/PETITIONER 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 HMOP. No. 26 of 2024 on the file of Hon’ble Principal Senior Civil Judge Allagadda and transfer the same to Hon’ble Principal Senior Civil Judge Nandikotkur.
lA NO: 1 OF 2024 ~ > Petition under Section 151 CPC praying that in the circumstances ! 5 ■ stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in HMOP. No. 26 of 2024 on the file ^"'of Hon’ble Principal Senior Civil Judge, Allagadda. lA NO: 2 OF 2024 Between: Munagala Damodar Reddy, S/o. Munagala Gowri Sankar Reddy, Aged 29 Years, Occ. Software Employee, R/o 1-87, OC Colony, Yallur Village, Gospadu Mandal, Nandyala District. ... PETITIONER/RESPONDENT AND Reddyvari Mounika, W/o. Munagala Damodar Reddy, Age 29 Years, Occ. House Wife, R/o 1-61, Chinthala Palle Village, Miduthur Mandal, Nandyala District.. ... RESPONDENT/PETITIONER 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 Vacate the Interim order passed by this Hon’ble Court in TRCMP. No. 374 of 2024 dated; 15. 11. 2024.
Counsel for the Petitioner : SRI N CHANDRA SEKHAR REDDY Counsel for the Respondents : SRI CHALLA AJAY KUMAR The Court made the following ORDER : THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No. 374 of 2024 ORDER: Section 24 of the The petitioner/wife filed the present petition under Code of Civil Procedure, 1908, seeking to withdraw H. M. O. P. No. 26 of 2024 on the file of the Principal Senior Civil Judge, Allagadda and transfer the same to the Principal Senior Civil Judge, Nandikotkur. 2. The case of the petitioner in brief is as follows; I. The petitioner is the legally wedded wife of the respondent and their marriage has been performed at Nandyal on 14. 04. 2022 as per Hindu and the rites and customs. During their wedlock, the petitioner respondent were blessed with a son aged about nine (09) months.
In the view of the matrimonial disputes between both the parties, petitioner/wife along with her son is staying at her parents’ house at Chintapalle Village, Miduthur Mandal, Nandyala District. The petitioner pleaded that she had lodged a complaint under Sections 498-A, 506 r/w Act and the 34 IPC and under Sections 3 & 4 of the Dowry Prohibition same was numbered as C. C. No. 118 of 2024, on the file of the Judicial First Class Magistrate, Allagadda, Nandyala District against the which is pending for and his family members respondent/husband further pleaded that she had filed a adjudication. The petitioner Domestic Violence vide M. C. No. 13 of 2024 and a Maintenance Case the file of the Judicial First Class Case vide D. V. C. No. 3 of 2024, on and the respondent/husband is attending the Magistrate, Nandikotkur are pending for in the aforesaid and the same Court proceedings inconvenience to her adjudication. The petitioner contend that to cause . O. P. No.
26 of 2024, on the file of the respondent/husband has filed H. M under Section 13(1)(ia) of the Principal Senior Civil Judge, Allagadda 1955 seeking for dissolution of marriage. the Hindu Marriage Act further contended that the petitioner 11. Learned counsel for the petitioner son aged about nine (09) months, depending being a woman having a difficult for her to travel at a distance of more upon her parents, it is very Allagadda without any male support than 125 Kms from Nandyala to file the present petition against the constrained to and that she was withdraw H. M. O. P. No. 26 of 2024, on respondent/husband seeking to Civil Judge, Allagadda and transfer the the file of the Principal Senior same to the Principal Senior Civil Judge, Nandikotkur. Reddy, learned counsel for the petitioner 3. Heard Sri N. Chandra Sekhar counsel for the respondent. Perused the and Sri Challa Ajay Kumar, learned material availaWe on record. 4.
Learned counsel for the respondent has represented that there is a life threat to the respondent/husband at Nandikotkur and that H. M. O. P. No. 26 of 2024 may not be transferred to the Principal Senior Civil Judge, Nandikotkur. During the course of hearing, learned counsel appearing for both sides has fairly represented that they have no objection if the case in H. M. O. P. No. 26 of 2024 pending on the file of the Principal Senior Civil Judge, Allagadda is transferred to Judge, Family Court, Kurnool and further requested to fix a time limit to the Judge, Family Court, Kurnool for disposal of the case. 5. On considering the aforesaid submissions made by the learned counsel appearing for both sides on record, the present petition is disposed of and the H. M. O. P. No. 26 of 2024, on the file of the Principal Senior Civil Judge, Allagadda, is hereby withdrawn and transferred to the Judge, Family Court, Kurnool.
The Principal Senior Civil Judge, Allagadda, shall transmit the case record in H. M. O. P. No. 26 of 2024 to the Judge, Family Court, Kurnool, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. On receipt of the same, the transferee Court i. e. , the Judge, Family Court, Kurnool, is directed to dispose of the case in H. M. O. P. No. 26 of 2024 within a period of four (04) months from the date of receipt of the record from the Principal Senior Civil Judge, Allagadda. Both the parties are directed to appear before the Judge, Family Court, Kurnool, on 10. 03. 2025 at 10. 30 a. m. n- 6. With these observations, the Transfer Civil Miscellaneous Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. SD/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1.
The Principal Senior Civil Judge Allagadda. 2. The Principal Senior Civil Judge Nandikotkur. 3. One CC to SRI. N. CHANDRA SEKHAR REDDY Advocate [OPUC] 4. One CC to SRI. CHALLA AJAY KUMAR Advocate [OPUC] 5. THREE CD COPIES Chp TAC HIGH COURT DATED:05/02/2025 ORDER of TRCMP. No. 374 of 2024 * 0 “i MAR 2025 ^ . Current Section DISPOSING OF THE TR. CMP.
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