lslavath Vanitha, Wo lslavath Achuth Naik v. lslavath Achuth Naik

Petition under Section 151 CPC praying that in the circumstances stated in the affidattit filed in support of the petition, the High Court may be pleased to vacate the ttrder dated.1OtO7t2O25 passed in TRCMP No.257 of 2025 in the interest of ju:;tice. Counsel for the Petitioner: SRISYED TOUSIF BASHA Counsel for the Respondent: SRI RAPOLU BHASKAR TRANS. CIVIL MISC.PETITION No:350 of 2025 Between: lslavatr Achuth Naik, s/o Late l. Balaji, Aged about 33 years, occ. Nil, R/o. H.No. 12-10-587161, Flat.No 501, Sih Floor, Ayyappa-Nilayam, Medibavi, Seetherphalmandi, Secunderabad, Hyderabad - S0-0bCj7. ...Petitioner AT{D lslavath_Vanitha, Wo lslavath Achuth Naik, Aged about 32 years, Occ. f-riyatg $m.ployee, $/o jl No.2-47,_Yasaram Thanda, Korvi Mandal, Mahabubabad District, Telanggla o/o. z-z77ls 2nd floor, Akshara iomptex, Beside TKR khaman, Bupesh Nagar, Shakthi Nagar, Ambedkar Nagar, Sri Shakti Nagar, Jillalguda, Hyderab-ad, Telangana 5OOOSZ. .Respondents 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 H.M.O.P. No. 34 of 2024 on the file of the Senior Civil Judge, l/lahabubabad District, at Mahabubabad to Competent Court in. Rangareddy District At L.B. Nag.ar, in the interest of Justice. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in H.M.O.P.No.34 ot 2024 on the file of the Senior Civil Judge, Mahabubabad District, at Mahabubabad, in the interest of Justice. lA NO: 1 OF 2025 petition under Section 151 CPC praying that in the circumstances stated in the af. fidavit filed in supp.ort of the- petitiOn,. the High Coufi. may. be peased to dispense with the filing of the certified copy of H.M.O.P.No.34 of 2024 on the file of the senior civilJudge, Mahabubabad District at Mahabubabad Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: SRt SYED TOUSIF.BASHA The Court made the following: COMMON ORDER TN THE TIIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA of 2025 and 350 02'd DAY OF DECEMBER, 2025 Tr.C.M.P.No.25 7 of 2025 Between: lslavath Vanitha. Islavath Achuth Naik Tr.C.M.P.No.3 50 of 2025 Between: Islavath Achuth Naik. Islavath Vanitha COMMON ORDER: AND AND ..Petitioner Respondent Petitioner Respondent Heard Sri Syed Tousif Basha, learned counsel for the petitioner in Tr.C.M.P.No.257 of 2025 and for the respondent in Tr.C.M.P.No.350 of 2025 and Sri Rapolu Bhaskar, learned counsel for the respondent in Tr.C.M.P.No.257 of 2025 and for the petitioner in Tr.C.M.P.No.350 of ,,1

2025. Perus,:d the entire record. \ \ I i i I : RY,J TRCMP 257 & 350 2025 2. Tr.C.M.P.No.257 of 2025 is filed by the petitioner-wife seeking withdrawal and transfer of F.C.O.P.No.602 of 2024 pending on the file of the Principal Family Court at Secunderabad, to the Principal District Judge at Mahabubabad. Tr.C.M.P.No.350 of 2025 is filed by the respondent- husband seeking withdrawal and transfer of H.M.O.P.No.34 of 2024 pending on the file of the Senior Civil Judge, Mahabubabad, to the competent Court at Ranga Reddy District at L.B.Nagar.

3. For the sake of convenience, the parties are referred to as per their array in Tr.C.M.P.No.257 of 2025 i.e., petitioner-wife and respondent- husband.

4. Learned counsel for the petitioner submitted that the petitioner is resident of Mahabubabad District and the respondent is also resident of Mahabubabad. The petitioner has filed criminal case under Section 498-A IPC, DVC case and maintenance case under Section 125 of Cr.P.C. against the respondent before the Courts at Mahabubabad District. She also filed H.M.O.P.No.34 of 2024, which is subject matter in Tr.C.M.P.No.350 of 2025, seeking restitution of conjugal rights against the respondent before the Senior Civil Judge Court at Mahabubabad. To demonstrate that the parties are residents of Mahabubabad District, reference is made to the / divorce petition i.e., F.C.O.P.No.602 of 2024 filed by the respondent at 2 I RY,J TRCMP_2s7 _&:350]02s page No.6 of the material papers filed along with Tr-c.M.P.No'257 of

2025. The cause title of the F.c.o.P.No.602 0f 2024 shows that both the parties are rer;idents of Mahabubabad District- The respondent has filed said F.c.o.P. on the file of the Principal Family court at secunderabad showing the last place of residence in the jurisdiction of the Secunderabad Court. In vir:w of the afilrementioned, learned counsel for the petitioner prayed to transfer the F.C.O.P.No.602 of 2024 by allowing Tr.C.M.P.No.257 0f 2025 and dismiss Tr.c.M.P.No.350 0f 2025.

5. Learne,J counsel flor the respondent opposed the transfer of F.C.O.P.N o.602 of 2024 in Tr.c.M.P.No.257 of 2025 and prayed to transfer H.M,O.P.No.34 of 2024 in Tr.c.M.P.No.350 of ?02,5 stating that the petitionet' is currently staying with her brother at Hayathnagar and is doing a private job. It is vehemently emphasized that both the parties have lived in Sectmderabad before filing respective cases against one another' Reference is made to the counter filed in Tr.C.M'P'No'257 of 2025' which shows the aldress of the respondent at Flat No.501, Ayyappa Nilayam, Medibavi, Serethaphalmandi, Secunderabad, Hyderabad' 'f )

6. Havinl3 regard to the facts and circumstances of the case, since the petitioner is resident of Mahabubabad District and the respondent is also a t { native of the same district, since connected matters are all pending before 3 \ \ ,l :l ;i i I : RY,J TRCMP 257 & 350 2025 the Courts at Mahabubabad District and keeping in view the convenience of the petitioner-wife, this Court is of the considered opinion that the petitioner is entitled to grant relief prayed for in Tr.C.M.P.No.257 of 2025 and Tr.C.M.P.No.350 of 2025 filed by the respondent is liable to be dismissed.

7. In the result, Tr.C.M.P.No.350 of 2025 is dismissed and Tr.C.M.P.No.257 of 2025 is allowed and F.C.O.P.No.602 of 2024 pending on the file of the Principal Family Court at Secunderabad, is withdrawn and transferred to the Court of the Senior Civil Judge, Mahabubabad District. The Court concemed is hereby directed to transmit the entire case file after duly indexing within a period of one month from the dati of receipt of copy of this order. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this petition, shall stand closed. //TRUE COPY// SD/- A.V.S. PRASAD DEPUTY REGISTRAR (_? SECTION OFFICER T6,

5. The Principal Family Court at Secunderabad. The Senior Civil Judge, Mahabubabad District at Mahabubabad One CC to SRI SYED TOUSIF BASHA, Advocate [OPUC] One CC to SRI RAPOLU BHASKAR Advocate [OPUC] Two CD Copies NVB/ PSL 'la I .,:- ' --:a -: -- . ,-- HIGH CISURT DATED:0211212025 iADIFI I :l- I 20J N M * COMMON ORDER TRCMP, Nos.257 and 350 of 2025 DISMIS{}ING THE TR.C.M.No.350 OF 2025 AND ALLOWING THE TR.C.M.P.No.257 OF 2025 I F I ! t I I I