The High Court · 2025
Case Details
Petition under section 24 of rhe c.p.c. praying that in the circumstarrces stated in the affidavit filed therewith, the High court may be pleased to withdraw the MC No. 34 of 2022 pending on the file of Hon,ble Family Court Judge, Nizamabad and to transfer the same to Famiry court at Ranga Reddy District at L.B. Nagar. lA NO: 1 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 stay all further proceedings in MC No. 34 of 2022pending on the file of Hon,ble Famity Court Judge, Nizamabad, pending disposal of main transfer petition. TRANS. CIVIL MISC.PETITION NO: 481 OF 2024 Between: Boorla Surya Kiran, S/o. Narasimhulu, Employee, Rlo. 12-1-1041, Survey No Ranga Reddy District Ag 58 ed about 33 years, Occ. Private , Weaker Section, Fathullaguda, ...Petitioner / Respondent AND Boorla Niharika, Wo. Surya Kiran, Aged about 31 years, Occ. Software Engineer (Title), R/o. 10-948, Gajulapet, Nizamabad Presently working at Persistent Systems Limited (Company), Sales Force HLS Pharma Office-lND, 12th floor, Wave Rock Building, Sy.No.1 , Telangana, Hyderabad ...Respondent / Petitioner 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 withdraw the OP No. 106 of 2022 pending on the file of Hon'ble Judge Family Court, Nizamabad and to transfer the same to Family Court at Ranga Reddy District at L.B. Nagar. lA NO: 1 OF 2024 Petition under {iection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in OP No.106 of 2022 pending on the file of Hon'ble Judge Family Court, Nizamabad, pending disposal of main transfer petition. Counsel for the Petitioner in Both the Cases Sri Bala Murali Y Counsel for the Respondent : - - - The Court made the following Common Order : l l I THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P.Nos.47I- and 481 of 2ol24 COMMON ORDER: Both the Transfer Civil Miscellaneous petitions are hled under Section 24 of the Code ol Civil procedure, 19Og, by the petitioner-husband to transfer M.C.No.34 of 2022 and O.p.No.lO6 of 2022, respectively, pending on the file of the learned Judge, Family Court at Nizamabad, to the file of the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar.
2. The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 06. 10.2OlT and, lead their marital life happily for some time. Thereafter, matrimonial disputes arose between the petitioner and the respondent. The respondent-wife liled filed M.C.No.34 of 2022 seeking maintenance under Section 125 of Criminal procedure Code, 1973 arrd she also filed O.p.No.106 of 2022 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 and the same were pending before the learned Judge, Family Court, Nizamabad.
3. Heard Sri Y.Bala Murali, learned counsel appearing on behalf of the petitioner. Though notice was served upon the respondent, none appeared on her behalf. 2 Tr.C.M.P.Nos.471 ^nd SKS'J 481 oI 2024 Irarned <:ounsel for the petitioner submitted that though the
4. respondent-wif<: filed Tr.C.M.P.No.294 of 2023 seeking transfer of F.C.O.P.No.1636 of 2O2l to the file of Family Court at Nizamabad' the same was dismissed by this Court vide order dated 23 O8'2O24' He further submitted that the respondent is also software employee, who is working and residing in Hyderabad He also submitted that if the M.C.No.34 of 2022 and O P'No 106 of 2022 are transferred, no prejudice would be caused to the respondent wi[r:. Therefore, he prayed the Court lo transfcr M.C.No.34 ot 2022 and O.P.No. 106 of 2022 to the file of the learned Judge, Family Court, Ranga Reddy District at L B Nagar'
5. In the light of the submissions made by the learned counsel for the petition,3r and a perusal of the material available on record, it is clear that the respondent-wife is also residing at H1'derabad' Pertinently, no prejudice would be caused to the respondcnt if the M.C.No.34 of 2022 and O.P.No.1O6 of 2022 are translerred' Hence, conside'ring the facts and circumstances of the <:ase, this Court is inclined to transfer the O.P.No. 1O6 of 2022 and M C'No 34 of 2022 from the file of the learned Judge, Family Court at Nizamabad, to the file of the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar.
6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The Irrt.C.No.34 of 2022 and O.P.No. 106 of 2022 stand transferred from the hle of the Iearned Judge, Family Court at \ Ir 3 SKTt,J Tr.C.M.P.Nos.471 e'rd 4Et of ZO24 Nizamabad, to the fiIe of the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar. The Court concerned is hereby directed to transmit the entire case hles relating to M.C.No.34 of 2022 and O.P.No. 106 of 2022, after duly indexed, within a period of one (01) month from the date of receipt of a copy of this Order, under intimation to the other side. There shall be no order as to costs- Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR ,.f SECTION OFFICER '1. The Judge Family Court, Nizamabad 2, The Family Court at Ranga Reddy District at LB Nagar 3. One CC to Sri Bala Murali Y, Advocate [OPUC] 4. Two CD Copies VA/ghV HIGH COURT DATED:0210112025 oR rHE S14 -6: k o t) 04 JAI 2025 2 o il / COMMON ORDER TRCMP.Nos.47I& 481 ot 2024 ALLOWING BOTH THE TRCMPs t $