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Bandaru Venkata Ratnakar v. Bandaru @Chilusani Swathi

Court: High Court for State of Telangana

Bench: RENUKA YARA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2025-12-02. Bandaru Venkata Ratnakar v. Bandaru @Chilusani Swathi. Read the judgment and case details on...

Judgment text

134421 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY. THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE RENUKA YARA TRANS. CIVIL MISC. PETITION NO: 254 OF 2025 Between: Bandaru Venkata Ratnakar, S/o Bandaru Venkateswarlu, Age 35 years, Occ Private Service, R/o H. No. 1 -9-35i48lA"/1 , Venkateswara Nagar, KHAMMAM. . Petitioner AND Bandaru @Chilusani Swathi, Wo Bandaru Venkata Ratnakar, Dio Chilusani Somaiah, Age 38 years, Occ. Emplopyee of Wipro lclcl Bank, R/o 5-12- 118/2, Mangapuram, H. B. Colony, Near Venkateswara Swamy Temple, Moula Ah, Hyderabad. ... Respondent 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 GWOP No.

38 of 2025 frcm the file of the Judge Family Court Medchal- Malkakti District at Malkalgiri and transfer the same to the Court of Judge Family Court, Khammam District at Khammam for being tried and disposed of along with FCOP No. 94 of 2025 pending on its file or to any other competent court for being tried and disposed. lA NO: 1 OF 2025 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 grant stay of all further proceedings in GWOP No. 38 of 2025 as well as all the lnterlocutory Applications pending therein, on the file of the Judge Family Court Medchal-Malkajg ri District at Malkajgiri, pending finalization of the main TT. CMP on the file of this Honourable Court. . lA NO: 2 OF 2025 Between Bandaru @Chilusani Swathi W/o Bandaru Venkala Ra:r akar D/o Chilusani Somaiah, Age 38 years. Occ. Emplopyee of Wipro rC;l ll Bank. R/o 5-12- 1i8/2 H. B. Colony, Near Venkatesw:r : Swamy .

Mangapuram, Temple, l\,4oula Ah. Hyderabad. P€ t tio ner/Res pondent AND Bandaru_Venkata Ratnakar, S/o Bandaru Venkateswarlrr Age 35 years. Occ. Prrvate Servrce. R/o H. No. 1-9-351481N1, Venkateswar. r \ tgar XHAtvtUnU. ... Rtx pon denUpetitioner Petrtion under Section 151 CPC praying that in the ; cun-stances stated in the affrdavit filed in support of the petition the High Co. r 1 ma1. be pteased to vacate the interim orders passed in lA No. 1 of 2025 p in TRC\ No. 254 of 2025, dated 07 10712025 pending disposal of the main TRCil/p. Counsel for the Petitioner: SRI CHAVALI RAMANAND Counsel for the Respondent: SRI KONGALA MOHAN GOUt) The Court made the following: ORDER ,,. IN THE, HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT.. IUSTICE RENUKA YARA TRANSFER CIVIL MISC ELLANE,O US PETITION No. 254 of 2025 2025 02. ,d DAY OF DEC]ENIBER' Bctwcen: Bandaru Venkata Ratnakar . . . Petitioner AND Bandaru @ Chilusani Swathi' ...

Respondent ORDT]R: for the petitioner and Ileard Sri Chavati Ramanarld, leamed counsel Perused the for the respondent Goud, learned counsel Sri Kongala Mohan entire record. Petition is filed under Section 24 Civil Miscellaneous 2. This Transfer withdrawal and transler of ol the Code of Civil Procedure, 1908' seeking Family Court' on the file of the Judge' of 2025 pending G. W. O. P. No. I8 file of the Judge' Family District at Malkaigiri to the Medchal-Malkajgiri try along with F. C. o. P. No. 94 District at Khammam, to Court, Khammam of 2025 pending on the tile of the said Court' 3. Learned counsel for the petitioner briefly stated about the ol 2025 and the background of facts teading to tiling of Ir'C O'P'No '94 l il i li 1i I{Y. J fn('MP l51 2025 G. W. O. P. No. 38 of'2025 . l. he secking custody o1'the child , rhc parlics. petrtloncr is irr privatc service cun'entry workinll l.

orr horne' Iionr Kltanr nrarrr lou rr fhc respondent is also enrplttyee an I ri,orking irr \\,iprtr ICICI Bank. II_r dcrahad. and is rcsidins rvith hcr. r r. cr. ri, at N{orrlzrli. Hyderabad. 4' I-car,ed cou. ser fbr the respondent submittccr r l rt the chird ot'the pelitioner and . cspondent was studying in FlyderaLrrr, r and . nr1, lirr thc purposc of filing G. W. O. p. , the petitioner has taken a\,ay rl)c child fiour . er school and joined her in a schoor at Kharnmanr. I is slrbnritted that Khamnraur is at a distancc of 200 krns from Moulaii . r cl tr-a^sr'errirg the G-w. o. P. to said place is rikely to cause serious i,r: rnve. ience to the respondent lrunher, it is subrnitted that if G. w. o. r). i , transrerr. ed fiorn Medchul-Malka-jgi. i court r-o the court at Kharnmanr, r r: petitioner rvould be initiating steps ro get the remaining cases pending ):rween the parties transfen'ed to the (_our1s at Khamrnam.

5- In reply, Ic-arned counser for the petitioner cont,,'r) red that Section 9 of- the Guardians and Wards Act, 1g90, contemplate , lilinr of petition seeking custodl'ol'the child in the jurisdiction of trre ( r r rt uhere the chird resides' Leamed counser fbr the petitioner has given up rie relief of trying the G. W. O. l,. No. 3E ol'2025 along with F. C. O. p. No. 9-i c t 1025. RY,J TRCMP 254 2025 6. This Courl cannot go into the facts whether the child was deliberately taken away by the petitioner tiom her school at Ilyderabad and I gotheljoinedatschoolinKhamrnalnortlrerespondentisnotconcerned with the child. The parties are nraking allcgatiorls against one another to 11 h'' suit their purposes lor the purposc of this petition' Coutt can only look into the relevant provision of the Guardians and Wards Act' 1890 lor adjudicating the issue ol transfer.

As per Section 9 ol' the said Act' any reliel'to be sought with respect to care and custody of the minor child shall beintheCourtofthejurisdictionwherethectrildisresiding. The with the admission lorrn at page No. 40 of the material papers fited along shows that the child is admitted into LKC in Future Kids present petition SchoolatKhammam. Sincetheevidenceonrecordshowsthatthechildis rcsidirrg in Khammam, this Coutl deems fit and proper to transfer the G. W. O. P. No. 38 of 2025 from thc ftle of the Judgc' Family Court' Medchal- Court' l-rle of the Judge' Family at Malkajgiri to thc Malkajgiri District Khamtnam District at Khammam' 7. In the result, the Tr. C. M'P' is partly allowed and G'W'O'P No'38 of 2025 pending on the file of the Judge, Farnily Court' Medchal-Malkajgiri District at Malkajgiri, is withdrawn and transferred to the Court of the Judge, Famity Court, Khatnmam f)istrict at Khammam' The Court J RY.

J TITCMP 25J 2025 concemed is hcreby directed to transmit the entirc t r se llle aftcr duly ' indering w ithin a period of one month from the date r, r'cceipt ol copy of- this orclcr- I'lrere shall bc no order as to costs. Miscr I r ncous Petitions- il- any,. pcnding in this pctition. shallstancl closed. SD/. A. H. , ,. GOWRI SHANKAR ASSiI }TANT REGISTRAR . I /-, / '.. -. - \ _,__ //TRUE COPY// SECTlON OFFTCER To, 1. The Judge Family Court Medchal-Malkajgiri District at r. 4alkalgiri 2. The Judge Family Court. Khammam Diskict at Kham r am 3. One CC to SRt CHAVALT RAMANAND, Advocate ( IOFL ] 4. One CC to SRI KONGALA MOHAN GOUD, Advocate ]UCl [_ 5. Iwo CD Copies U. NVRPSI- i H! GH COURT DATED:0211212025 ilE SIT (r\ o ORDER o :,4 1 JAll 2[2j t-) I TRCMP. No. 254 of 2025 t' * :! , I ,.!. , 2 PARTLY ALLOWING THE TR. C. M. P Gt { | lfrl i 11, \vl i I

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.