Mr. Ganta Pradheep v. Smt. Ganta Archana alias Kowla Archana

affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in H.M.O.P.NO. 6112024 on the file of Principal Senior Cviil Judge, Kothagudem, Bhadradhri Kothagudem District. irE?-F ',y TR.C.M.P.NO. 251 0F 2025 Petition Under Secticn 24 of the C.P.C. Praying that n the circumstances stated in the affidavit filed therewith,the High Court nray be pleased to Transfer H.IM.O P No 1312024 from the Honble Serrir:r Civil Judge, Bhadradri- Kothagudern Distnct to fr/edchal-Malkajgiri District Couri . l.A.NO. 1i2025 tN TR.CM.P.2 51t2025 Petition under section 1 51 of cPC praying that in the cirumcstances stated in the affidavit filed in support of the petition, the High court may br: pleased to stay of all further proceedings in H M.o P.No 1312024 on the file of principal senior cviil Judge, Kothagudem. Bhadradhri Kothagudem District. Counsel for the Petitioner Counsel for the Respondent SRI. M VENKATES\VARI SRI C HARI PREET}{ The Court made the fotlowing: COMMON ORDER Y (-; THE HONOURAITLE SMT. JUSTICB RENUKA YARA TR.CIVIL MISCELLANEOUS PETITION Nos.5,247 and 251 of 2025 COMNION ORDER: I lcard Ms. M. Venkateswari, learned counsel lor the petitioner and VIis. C. Ilari Preeth, lcamed counsel lbr the respondent. Pcrused rhe entire record. l. Ir'.C.M.l).No.5 o12025 is llled seeking transfel of G.W.O.l'.No.7 of 2024 pending on the fllc of the Principal District and Sessions Judgc. Blradradri Kothagudem District to the Courts at Medchal-Malkajgiri District. Tr.C.N1.P.Nos.247 and 251 of 2025 are filed seeking tratrsfer of H.M.O.P.Nos.6l and 13 of 2024 respectively pending on the flle of the Principal Senior Civil Juclge, Bhadradri Kothagudem District, to the Family Courl at Medchai-Malkajgiri District i. '[-hc petitioner herein and the respondent herein are husband and u,iI'c. 'l'hcy were urarried as per the Hindu Rites and Rituals on 22.1 1.20 l5 at TLM Gardens F unction Hall, Kattedhan, Hyderabad, and they were blcssed rvith baby boy by name Ganta Ishaan Arya, who was born on

06.02.2020. Subsequently, due to marital disputes, the petitioner and the respondent got separated. When the attempts for reconciliation were under n RY.J ti.cNtP:)4t & 25 I 1025 process. the respondent hercin flled H.M.O.P.No. Ii of ,014 on the lllc of thc Principal Scnior Civil .[udg.' Kothagudem, Rhacllaclri-Kothagtrdem District, seeking dissolution of nratriage. The petit orrer herein filed H.M.O.P.No.6l ol20l.1 sccking restitution of conlugal ti-rhts ort the llle of the Principal Scnior ('ivil Judgc, Kothagudcrn, []hacir:rdri-Kothagudem District and G.W.O.I'.No.7 of 2024 on thc [Lle of Principal District Judge, Bhadladri- Kothaguclcnr. secking child custody of his n- irtor son. Afier filing of thc said (i.W.O.P.. thc pctitioncl came to krrou LI'at thc respondent and the child alc residing at Ill dcrabad

4. 'I'he petitioner subrnits that the respondent plave,J liaud on him by shorving her address at Bhadradli Kothagudern District ,.vhile their son is studying at Bachpan School at Chintal. 'l'he rcsponrJent IS presently residing at Flat Nc).604 B, -lou,er C, I{idgc 'fowers, litrr.ra Nagar, Opp. Ganesh Bus Stop. Chintal, Balanagar. Medchal-Malka.ig.iri District. 'l'he petitioner pleadecl that as per Section 9 of the Guards an,l Wards Act, 1890, an application scekir-rg guardianship ol nrinor person hr.s to be filed in the jurisdiction whelc thc minor is residing. Sincc the sou c f the petitioner and respondent is rcsiding in Medchal-Malkajgiri, according to the petitioner, none of the matters can be prosecuted before the Courts at Bhadradri 2 RY..I TT.CMP 5 247 & 251 2025 Kothagudem District for want ol iurisdiction. Hence, the present lr.C.M.Ps. are Irled seeking transfer

5. Thc respondent did not file counter, but opposed the present transler petltions.

6. Learncd counsel tbr the petitiouer argued that the respondent ltas filcd H.M.O.P.No. ll ol 2024 on thc fllc of the Principal Senior Civil Judge, Bhadradri-Kotl.ragudem District. Thereafter, petitioner hcrein has llled H.l\,1.O.I'].No.(r I ol 2024 seeking rcstitution of con jugal rights and G.W.O.P.No.7 ol'1024 seeking custody of the minor at the Bhadradri Kothagudcrn District. Latcr, thc petitioner came to know that thc lespondent along,'vith their rninor son is residing in Hyderabad and in that context since thc minor is residing at Medchal-Malkajgiri District, the G.W.O.P. is not rnaintainable as per Section 9 of the Guards and Wards Act, 1890. Furthcr. it is argued that when the respondent is residing at Medchal-Matkajgiri l)istrict, no purpose is served as both the parties have to travcl to Bhadradri-Kothagudem District for prosecution of both the I{.M.O.Ps

7. Leamed counsel for the respondent argued that the respondent is perrnanent resident of H.No.9-5-80, Sanyasi Basthi, Kothagudem, Bhadradri Kothagudem District, where she is residing along with her old 3 RY,.I 'l r.CI\'l' .5 211 & 251 2025 aged mother. It is argued lhat thcrc is no rrale support c the respoltdent to prosecute the nrattcrs. i 1' thc'y are translcrred to V cdchal-Malkajgiri District. It is velrcrncntly cnrphasizcd that thc pctiti()r) -'r hirlsell' has Illed H.M.0.P.No.6l ol 1024 and G \V.O.l'.No.7 of'202'1 l'e lbre thc Cotrfts at Bhadradri Kothagtrdern District and r.toiv transf'er l:i ;t: ught il,ithout any basis. Learned counsel lbr the rt'spondent opposcd tlrc trausf'et alleging that it is convenienL fbr the rcspondent to prosecutc ,rll the matters at Bhadradri KothtruLrr.lern District

8. In response, lcanred counscl fbr the pctitioncr rclcrrcd to the school t'ee receipt to derronstrate that nrinor child is resicling at Medchal- Malkajgiri District, r.vhile studving at Bachpan plav school at Chintal Further, photographs are lilcd to shorv that respondc rt ancl her son are residing in her llat rt Chintal, Balanagar, IVlcdchal-Malk a.jgiri District.

9. In the face ot' thc clocumentarl' evidcnce procltrccd bv the learned counsel fbr the petitioner about thc rcsidencc ol'the rcsl,ondcnt and her son at Flat No.604 B, 1'ower C, Ridge 'forvcrs, Surya Nagar.. Opp. Ganesh Bus Stop, Chintal, Balanagar. Medchal-Malkajgiri, a spc:i fic question was posed to the leamed counsel for the respondent to ls,reftilin the actual residence of the respondent and to report the sarnc to this Court by 4 I I ] Y RY..I IT.CMP 5 247 &.251 2025 consulting the respondent about translerring the matters to the Courls at Medchat-Malkajgiri as it rvould be couvenient to both the parties.

10. Learncd counsel lbr thc respondent with great difficulty conceded that the rcspondenl is living rvith her son at Medchal-Malkajgiri District at tlre address shorvn in thc present Tr.C.M.Ps., but objected to transler atteging that thc respondent is ternporarily residing in the jurisdiction of Medchat-Malkajgiti and that she ivould relocate to the Bhadradri Kothagudcrn District next yeal alohg u'ith her son. I l. Accordir-rg to the lcan)c(l counsel fbr the respondent, the respondent and her son are living in Uhadradri Kothagudem District, whereas, thc learned counscl lbr the petitioncr emphasized that notice was served on the respondent on tlre address sltown in the cause titte of the present Tr.C.M.Ps. and that slic received the notice and also engaged counsel in the present Tr.C.M.Ps.

12. In vicw of the above situation, since the respondent received notice in the jurisdiction of the Medchal-Matkajgiri District at the address shown in the causc title of the prcsent Tr.C.M.Ps., this Court is not inclined to believe the version of the learned counsel for the respondent that the respondent is residing at Bhadradri Kothagudem District. Further, the school fee receipt of the son of the petitioner and the respondent shows that 5 RY.J lr.( l\ll' 5 247 & 251 2025 he is studying at Bachpan School at Chintal. as srr.:lr G,W.O.l,. is not rnaintainable beforc tlre Principal I)istrict Judge. Illr:Lc raclri Kotltagudem I)istric1. Likeivisc, r,,,hcn both the parlics at c rc;iding in Mcdcha[- Malkaigiri District. no purposc u,ould be ser-r,.cd lil both the parties to lravcl to Bhadradri Kothagudent District to prosc( rrt-' the H.M.O.Ps. as rvell 'f his point IS adcquatelv proveu by thc ct p1, o1' day ploceedings belorc tl-re said Court in H.M.O.Ps.. u,lrir li rvas subrnitted by thc leamed counsr-l lbr the petitioner, where neitltcr of ther parties have attcnded proceedings li.onr June, 1014 to till date.

13. In view of the lbregoing discussion. this Courr s of the considered opinion that the petitioner is entitled lor the relicf souulrt lor. I 4. ln the lesull, all the Trarrslcr Cir il Misccllrr rcous [)ctitions are allou,cd and the G.W.O.P.No.7 o1'2024 pending on rhc l,le o1-the pr.incipal [)istrict and Scssions Judge, Bhadradri KorhagrrJr:m Distr.ict and It.M.O.P.Nos.li and 6l of 2024 pending on the file o1' Ire Principal Senior Civil Judge at Bhadradri Kothagudern District, arc withdrawn and translbrred to the Principal District and Sessions Jr,rdge, Medchal- Malka.jgiri District and the Family Court at Medchal-N{alkajgiri Disrr.ict respectively. The entire original records shatl bc tr.rrrrsmitted within a 6 RY,J TT.CMP 5 241 & 251 2025 period of one month. There shall be no order as to costs. Miscellaneous Petitions, ilany, pending in this petition, shall stand closed' I To, SD/. P.PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER

1. The Principar Drstrict and session Judge , Bhadradri - Kothagudem District 2. The Prinicipal Senior Civil Judge, Kothagudem, Bhadradhri Kothagudem district to Medchal-Malkajg iri district. 3 The senior civir Judge, Kothagudem Bhadradhri Kothagudem diskict to Medchal-Malkajgiri district.

4. One CC to SRt tM VENKATESWART Advocate tOpUCl 5. One CC to SRI C HAR| PREETH Advocate [OpUC] 6. Two CD Copies TL/PSL 7 HIGH COURT DATED:2411012025 COMMON ORDER TRCMP.No.S, 247 and 251 of 2025 :) i) 0 'i r:c ?u5 ALLOWING 3 (three) TRANSFER C.M.Ps q J ,16