Smt. Chalasani Indravelli v. Kodali Srihari
Court: High Court for State of Telangana
Bench: K. SUJANA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-11-27. Smt. Chalasani Indravelli v. Kodali Srihari. Read the judgment and case details on LawSphereX.
Judgment text
I 338s [ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SEVENTH DAY OF NOVEIVIBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SMT. JUSTICE K. SUJANA Tr. C. M. P. No: 150 ot 2024 Between: Smt. Chalasani lndravelli, Wo. Kadali Srihari, D/o. Late Chalasani Sambasiva Rao, Age: 4'1 years, Occ:'private employee C/o. SEW infrastructure Limited, 4th Floor, Flat No. 403 C/o. Suraj Mansion Building, Greenland Road, Opp. Lal Banglow, Ameerpet, Hyderabad 500 016. ... Petitioner/Respondent AND Kodali Srihari, S/o. K. Ravindar Prasad, Age: 52 years, Occ: private employee R/o. Plot No. 17lA, Sainath Colony, Sai Nagar Colny, Kushaiguda, Hyderabad ... RespondenUPetitioner Petition Under Section 24 of lhe C. P. C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw and transfer the FCOP No.
925 of 2023 pending on the file of court of the Hon'ble Principal District and Sessions Judge-cum-Family Court. ludge, Medchal, Malkajgiri District transfer the same to the court of ll Additional Family Court Judge, Kalpatharuvu, Hyderabad wherein the MC No. 32 of 2024 and DVC No. 46O of 2023 are pending in the interest of justice. '1 lA NO: OF 2024 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 FCOP No. 925 of 2023 pending oh the file of court of the Hon'ble Principal District and Sessions Judge-cum-Family Court Judge, Medchal, Malkajgiri District, pending disposal of main Tr ClVlP. Counsel for the Petitioner: Smt. D. Nageswari Counsel for the Respondent: Sri Banda Sai Kiran The Court made the following: ORDER THE HONOURABLE SMT' JUSTICE K. SUJANA Tr. C. M. P. No.
1 50 of 2024 ORDER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 19o8, by the petitioner to transfer F. C. O. P. No. 92 5 of 2023 pending on the h1e of the learned Principal District and Sessions Judge-cum-Famiiy Court Judge' Medhcal,MalkajgiriDistricttothefileofthelearnedllAdditional Hyderabad' Family Court Judge, Kalpatharuvu, 2. The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 17'08'2OO6' After marriage, they lived happily for some time, thereafter' the disputes arose between them, as such, the petitioner and the respondent are residing separately' Further, the petitioner filed M. C. No. 292 of 2016 before the Family Court, Hyderabad' Thereafter, the daughter of the petitioner filed D-V'C'No'46O of 2023 and the same is pending before the Metropolital Magistrate' Hyderabad. During the pendency of the M'C and D'V'C' the I respondent-husband hled F. C. O. P.
No'925 of 2023 seeking decree of divorce SI(S,J Tr. C. M. P. No. 15() of 2O24 3. Heard Smt. D. Nageswari, learned counsel appearing on behalf of the petitioner as well as Sri Banda Sai Kiran, learned counsei appearing on behalfofthe respondent. 4. The learned counsel for the petitioner submitted that the petitioner has multiple cases pending, including MC and DVC cases at the Kaipatharum Complex, Hyderabad, and an F. C. O. P case pending at Medchal. Due to the difficulty in attending proceedings at multiple locations, the petitioner requests that F. C. O. P. No. 92 5 of 2023 be transferred from the Principal District and Sessions Judge-cum-Family Court Judge, Medchal, Malkajgiri District to the II Additional Family Court Judge, Kalpatharuvu, Hyderabad. The counsel argued that this transfer will not prejudice the respondent, who is already attending Court proceedings in the MC and DVC cases at Hyderabad. 5.
karned counsel for the respondent filed a counter afhdavit, stating that the petitioner has not provided any valid reasons for transferrinq F. C. O. P. The case is already at the evidence stage, )__ (> with P. W. t having filed a chief affidavit, and is pending for document marking. Transferring the case to the Kalpatharuvu Complex at this stage would cause delay in disposal. Moreover, the petitioner resides at Ameerpet, which is only 17 km away from the Court, and within the city limits, making it easily accessible. L \ Tr. C. M. P. No. 150 of 2024 Therefore, the respondent prayed for the petition to be dismissed' citing a lack of grounds for transfer' 6. tn the light of the submissions made by hroth the learned counsel and a perusal of the material available on record' it is clear thattheMCandDVCcasesarependingatKalpatharuvuCompiex' Hyderabad, and the respondent is also attending the proceedings in the said cases.
At this stage, it is pertinent to note that in the respect of transfer of proceedings of a matrimonial dispute' convenience of the wife is to be preferred over the convenience of I husband, as held by the Hon'ble Apex Court in the case of Rajani I and Sumita Kishor Paradeshi Vs. Kishore Babulal Paradeshi another2' Hence' this Court is of eingh Vs. Kumar Sanjay and ) ) made out on facts and in the opinion that sufficient grounds are law to accept the plea of the petitioner/wife to transfer J F. C. O. P. No. 92 5 of 2023 pending on the file of the learned Principal District and Sessions Judge-cum. Family Court Judge, Medhcal, Malkajgiri District to the file of the learned II Additional Family Hyderabad' Court Judge, Kalpatharuvu, is Civil Miscellaneous Petition 7 . Accordingly, the Transfer from the allowed. F. C. O. P. No. 92 5 of 2023 stands transferred Sessions Judge-cum-Family Court learned Principal District and (2oos) rz scc z:t ' :oo2 sc 3go ' aln Tr. C. M. P. No.
150 of 2024 Judge, Medhcal, Malkajgiri District to the learned II Additional Family Court Judge, Kalpatharuvu, Hyderabad. The Court concerned is hereby directed to transmit the entire case file relating to F. C. O. P. No. 925 of 2023, 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 sidc. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. Sd/. N. SRIHARI ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER TO' ^.. - E^-ir. , a^' Court Judgc' lr rdnc and Sessions Judge-cum-Family 'rt 1. The Principal District Medchal, Malkajgiri District I Hyderabad court Judge, Katp_atharuvu, z. ih" ir nioition. tlamily Nageswarr, Advocate a O"; iC to s. t D L9P-ycf Banda S-ai Kiran, Advocate a. Onu CC to Sri [OPUC] 5. Two CD Copies kam/Dl. +y HIGH COURT DATED:2711112024 EOF D $t z r,l- ,5 ld. \\\ \: 1t I ,a ORDER TRCMP. No. 150 of 2024 I I ALLOWING TRCMP K
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