The High Court · 2025

Sri. Cheemala Ravikanth .Slo p11i.r1as I Rao, Age 41 years, Occ. TTA, in BSNL, R/o. prot No. zzrt tti_iirNi, LNi'aJ6;i, ,piase_lt Dammaiguda, Keesara ' and rV, ...PETITIONER/RESPONDENT RESPONDENT/PETITIONER Petition under section 24 of rhe c.p.c. praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to transfer O.P No. 1748 of 2018 before the Court oi tne Fiinciiaf oisi.c,t JrOg;:C;, Family court, Markajgiri to the court of the District Judge at Khammam.--- --' lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in. the affidavit. filed in support of the petitionl tf," Higl, Court may Oe pf""."O stay of arr further proceedings in op No. fi4:B oi 20iB before th"'c"ui;il;" Principal District Judge-cum-Famiry court, Markajjiri, pending o"por"r-oi ir,u main transfer petition. Counsel for the Petitioner: SRl. M V HANUMANTHA RAO 9glpllq.._the Respondent: SRt. VTKRAM POOSERLA sEN|OR COUNSEL REPRESENTING Ms.VYSHNAVI GARAPATI The Court made the foilowing: ORDER HON,BLE SR]. JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P .No.136of 2025 ORDER: This Trans'[er Civrl Misccllaneous Petition is tiled seeking to transfer O-P.No 1748 of 20 i8' pending on the fil: of the learned Princip'at District Judge-Family Court' Malkajgiri District to the learned Districl Judge' Famity Ccurt' at Khammam I{card Sri M V'Hanumantha Rao' learned coltnsel lor 2. petitioner and Sri Vikram Pooserla, Iearned Senior Counsel Nts.Vyshnavi' Garpati, learned counsel [or ltre rePresenttng respondent. 3 The brie{ facts of the case, shorn-off unnecessalJ details' of this Tr.C.M-P., as averrcd in Lhe required for arljudication afhdavit Iiled in support of the Tr'C M'P'' are that peti;ioner and marriage u'as respondent are wife and husband and their perlormcd on O2 O6 2O05' aL Roman Catholic Khammam District. tmmediately' after marriage' tlre petitroner joined the mtrtrimonial house ol respondent; that out of lhe wedlock, they were blessed with one daughter' who is nolv aged about 17 years and studying B-Tech hrst year' at Ghatkesar' Hyderabad; that disputes and diffe rences arose between them' and lhe respondcnt filed D O P No 826 of 20 12 ' before lhc Chur ch, W1'ra, ) '1 District Judge, Khammam, seeking for divorce. Subsequently, the matter was settled and they started living together, and thereforc O.P was withdrar,vn on 20.12.2O13; and that petitioner has also withdrawn Lhe criminal casc filed against the respondent under Se ction 498 A, on 22.O2.2014. However, respondent once again llled O.P No. 1748 of 2018, before the Family Court, Malkajgiri, seeking divorce.

4. Learned Counsel for the petiLioner u.ould submit that in O.P.No.1748 of 2018, respondcnt's eviclcnce u,as completed on

04.O7.2024 and on '23.O7 2024, pctiri()ncr [ilecl hcr chief affidavit and thc maLter was poste d to 19 .O8.2O24 , [or- cross- examination of the petitioner. This Court by Order dated

28.03.2025, dispensed with the appearance of the petitioner before the Family Court, At Malkajgrri. He further submitted that petitioner is staying at Khammam and sufiering with severe back pain, and she has to take care of hcr chitd, therefore she could not travel from Khammam to Malkajgiri, u'hich is about 25O Kms., and he also filed medical prescriplron in support of his contention, therefore, present Tr.CMP.

5. Learned Senior Counsel appearing fcrr respondents would submit that petitioner has filed the prcsenL TT.CMP on false and frivolous grounds. He further stated that minor daughter has been residing with the respondent sincc 2018, and she is - curren[ly pursuing B-Tech (First Year) in a college, situated at Ghatkesar. F urther, the medical prescriptions which are filed along with [hc transler petition, does not say that petitioner is suffering frorn back pain. He also stated that respondent's evidence was completc d on 04 .O7 .2024 , and respondent ha s frled her chiel affidavit on 23.O7.2024 and the maLler is coming up for cross-r:xamination of the petitioner,.and she has taken 13 adjournmr:nts for cross-examination. He further submitted that petitioner has filed criminal cases against the respondent on frivolous and baseless grounds. He hnally contended that no grounds are nrade out to entertain the present Tr.CMP.

6. Pe rusal ol' thc record u,ould disclose that the presen t TT,CMP is liled 7 years after filing of the O.P in the year 2018. Admittedly, the evidence of the respondent was completed and the matter is :orning up for cross-cxamination of Lhe petitioner, since 19.08.2024. lt is also evident from the record that the daughter is rr:siding with the respondent and pursuing B-Tech (First Year), al Ghatkesar, as such the contention of the petitioner that she has to take of her daughter appears to be factuall5. incor-rect. Even thc medical prescriptions filed by the I I petitioners, does not say that. she is sulfering with back pain, I and therefore, in considered opinion of this Court, petitioner has farled to nrade out a case for transfer qx:.r_*-- -

7. Considering the facts and circumstances of the case, this Court is of the considered vierv that thc Tr.CMp can be disposcd of with the following directions:_ \ - i) Respondent shall pay Rs.S,OOO/-, Lo the petitioner, on each date of hcr personal appcarance, tou.ards cxpenses incurred by hcr for travelling and stay, if :rr.r1,, f6; aLtending the O. P.No. 1748 of 201g, pending on the hle of principal District Judge-cum-Family Court, Malkajgiri. ii) The petitioner and resspondent are directed to cooperate with the trial Court for early disposal of the O. p and shall not seek further adjournments. iii) The lcarned .Ii_rdge, Family Court, Malkajgiri, is also directed not Lo insist for the appearance of thc petitioner on each and every date of adjournment, excep[ the datc on u,hich her presence is required. 8. With the above observation, the present .lr.CMp disposed of.

9. Pending miscellaneous applications, if any., shall stand "r9t:4. I!gr. shall be no order as to costs To, //TRUE COPYII SO/. MOHD.ISMAIL DEPUW REGISTRAR kw- SECTIUN OFFICER 1 2 J 4 The Principal District Judge-Cum-Family Court, Malkajgiri District The Court of the District Judge at Khammam, Khammam District. One CC to SRL M V HANUMANTHA RAO Advocate tOpUCl One CC to Ms. WSHNAVT cARApATt Advocate IOPUC] 5 Two CD Copies HIGH COURT DATED:0810712025 ORDER TRCMP.No.136 ot 2025 1, r4r c4 f rl : 2I AtlB 206 * o g11 DISPOSING THE TRANSFER CIVIL MISCELLAN EOUS PETITION \ \.e- ,.)