The High Court · 2025

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 Transfer O.P. No '1649 of 2024 at Family Court Judge, Ranga Reddy District at L B Nagar to Senior Civil Judge Court, at Vikarabad' Vikarabad Dist- 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 coLrt may be pleased to stay of all further proceedings including appearance of ihe petitioner in o.P. No 1649 of 2024 at Faniily Court Judge, Ranga Reddy Dist, At L-B.Nagar. Counsel for the Petitioner: SRl. SUNITHA AKULA Counsel for the Respondent: The Gourt made the following ORDER: HON'BLE SRI JUSTICE LAXMI NARA]TANA ALISHETTY Tr.C.M.P.No.15O of 2o2s ORDER: This Transfer Civil Miscellaneous petition is filed seeking to transfer F.C.O.P.No.1649 of 2024, pending on the hle of the learned Judge, Family Court, Ranga Reddy District, at L.B.Nagar, to the Court of Senior Civil Judge, Vikarabad.

2. Heard Ms.Akula Sunitha, learned counsel for petitioner and there is no representation on behalf of the respondent, despite service of notice. Therefore, the matter is being disposed of basing on the material available on record.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.p., as averred in the affidavit filed in support of the Tr.C.M.p., are that petitioner and respondent are wife and husband and their marriage was performed on 2 1 . 1 t .2021, at Bhukailas Temp.le. Antaram Village, Tandur Mandal, Vikarabad District, as per llindu rites and customs prevalent in their community; that after. marriage, she joined matrimonial'house of respondent, that few days after the marriage, respondent and his family members started harassing the petitioner physically and mentally, and in view of the harassment, petitioner lodged a complaint on 30.1O.2023, against the respondent, before the S.H.O, Tandur. As the police \- 2 did not register case against the respondent, petitioner filed a complaint under Section 156(3) of Cr.p.C and the same was referred to the Police and the police registered a case in Cr.No.249 of 2023, under Section 498.A, 323,506, 109 R/w.34 of IPC and then, after investigation, police filed charge sheet and the same was numbered as C.C.No.g of 2024, and the same is pending on the Iile of Judicial First Class Magistrate, At Tandur, Vikarabad District. Subsequently, the respondent filed F.C.O.P.No. 1649 of 2024, seeking dissolution of marriage, before the Family Court, Ranga Reddy District, at L.B.Nagar.

4. It is further averred that petitioner has also filed D.V.C.No.1 of 2024 and M.C.No.2 of 2024, againsr the respondent before the iearned Judicial First Class Magistrate, at Tandur, Vikarabad District and the said cases are pending adjudication. It is averred that petitioner is residing with her parents at Tandur and therefore, it is difficult to her to travel all the way from Tandur to L.B. Nagar, Ranga Reddy District, covering distance of about 12O Kms., to attend the Court proceedings in F.C'.O.P.No.1649 of 2024, on each date of hearing and hence, she prayed to allow this Tr.CMp.

5. Learned counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that respondent is appearing in the aforesaid DVC and MC pending on the hle of 3 learned Judicial First Class Magistrate, at Tandur, Vikarabad and therefore, no inconvenience or prejudice would be caused to respondent if F.C.O.p.No. 7649 of 2024 is transferred as sought for and in fact, it would be convenient to both the parties if the relief sought for in this case is granted and accordingly, prayed this Court to allow this Tr.CMp.

6. It is specific case of the petitioner that she has no independent income and has no hnancial support and she is residing with her parents at Tandur, and as such, it would be quiet difficult for her to travel all the way from .Tandur L.B.Nagar, Ranga Reddy District, covering distance of about 120 Kms., to attend the Court proceedings in F.C.O.p.No.1649 of 2024. Fur[her, it is relevant to note that the respondent is appearing before the Judicial First Class Magistrate, at Tandur, Vikarabad District, in connection with the aforesaid D.V.C and M.C hled by the petitioner, therefore, no prejudice will be caused to respondent and in fact it is advantageous, if F.C.O.P is [ransferred to Vikarabad. 7 . Admittedly, the petitioner is residing with her parents at Tandur and she filed the present Tr.C.M.p to transfer F.C.O.P.No. 1649 of 2024, on the file of learned Judge, Family Court, at L.B.Nagar, R.R.District to the Court of iearned Senior *Civil Judge, at Vikarabad. Even if, F.C.O.p.No.1649 of 2(124, ts 4 transferred to the Court of learned Senior Civil Judge' at Vikarabad, petitioner has to travel all the way from Tandur to Vikarabad, covering distance of about 40 Kms, and therefore' in considered opinion of this Court, petitioner has failed to make out a case for transfer.

8. Considering the facts and circumstances of the case' this Court is of the considered view that the Tr'CMP can be disposed of with the following directions:- i) Respondent shail pay Rs.5,O00/-, to the petitioner' on each date of her personal appearance, towards expenses incurred by her for travelling and stay, if any, for attending the F.C.O.P.No.1649 ol 2024, pending on the file of learned Judge' Family Court, at L'B.Nagar, Ranga Reddy District' ii) The petitioner and respondent are directed to cooperate with the trial Court for early disposal of the F C'O'P and shall not seek further adjournments. iii) The learned Judge, Family Court, at L'B Nagar' Ranga Reddy District, is also directed not to insist for the appearance of the petitioner on each and every date of adjournment' except the date on which her presence is required'

9. With the above observation, the present Tr'CMP is disposed of. ]L I 5

10. Pending miscellaneous applications, if any, sha1l stand closed. There shall be no order as to costs. SD/- M. JAWAHAR REDDY ASSISTANT REGISTRAR /ITRUE COPY// ,e"ffi-oirrc=* To,

1. The Judge, Family Court, Ranga Reddy District at L'B Nagar 2. The Senior Civil Judge, Vikarabad. 3. One CC to SRl. SUNITHA AKULA Advocate [OPUC] 4. Two CD CoPies kut/sh 0 'A' ' \' .M 2S AUt; Ds S.r,,c TC H E("1 r) 1+* HIGH COURT DATED:2910712025 ORDER TRCMP.No.150 ol 2O25 DISPOSING OF TIIE -fR,CMP / b A 2s s >)