IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE K. SUJANA

TRANS. CIVIL MISC.PETITION NO: 416 OF 2023

Between:

Smt. B.Vimala @ K.Vimala, w/o B.Vijay Kumar aged about 27 years, occ:<br>Housewife r/o, H.No. 2-9-749/8, NGOs Colony, Hanamkonda, Waddepally, Hanamakonda District

... PETITIONER

AND

B. Vijay Kumar, s/o B. Narsimha, aged about 33 year, Occ: Business, r/o 11-1-890/a/26, Afzal Sagar, Habeeb Nagar, Hyderabad.

...RESPONDENT

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 G.W.O.P. No. 890 of 2023 now pending on the file of the Judge, Family Court at Kalpataru, Hyderabad and transfer the same to the court of learned Judge, Family Court at Hanamkonda or Warangal, having competent jurisdiction to try the same, in the interest of justice.

IA NO: 1 OF 2023

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 grant stay of all further proceedings in G.W.O.P.No. 890 of 2023 now pending on the file of the Judge, Family Court at Kalpataru, Hyderabad, pending disposal of the transfer petition, in the interest of justice.

IA NO: 1 OF 2024

Between:

B. Vijay Kumar, s/o B. Narsimha, aged about 33 year, Occ: Business, r/o 11-1-890/a/26, Afzal Sagar, Habeeb Nagar, Hyderabad.

... PETITIONER/RESPONDENT

AND

9mt. B.Vimala @ K.Vimala, w/o B.Vijay Kumar aged about 27 years, occ: Housewife r/o, H.No. 2-9-7 4918, NGOs Colony, Hanamkonda, Waddepally, Hanamakonda District.

...RESPONDENT/PETITIONER

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 pteased to vacate the interim order passed in Tr.C.M.P.No. 416 of 2023 dated. 30-10-2023.

Counsel for the Petitioner: SRl. GAJU ANIL KUMAR

Counsel for the Respondent: SRI B ANIL KUMAR YADAV

The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P.No.4L6 0F 2023

ORDER:

This Transfer Civil Miscellaneous petition is filed under Section 24 of the Code of Cirril procedure, l9og, by the petitioner, who is the wife of the respondent, seeking the Court to transfer G.W.O.p.No.g9O of 2023 pending on the hle of the learned Judge, Family Court at Kalpataru, Hyderabad, to the file of the learned Judge, Family Court at Halamkonda or Waranga.l. F.C.O.p.No.89 1 of 2023 was f,rled by the respondent-husband under Section I 3 (l ) (ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage.

2. The facts of the case a-re that the marriage between petitioner and the respondent was solemni zed, on 06.os.2or7 . After the marriage, they lead their marital life for some period and they blessed with two children. After that the disputes arose between them, the respondent-husband frled F.C.O.P.No.89L of 2023, pending on the file of the learned Judge, Family Court at Kalpataru, Hyderabad, for dissolution of marriage. Later, petitioner-wife filed G.W.O.p.No.g90 of 2023, for the custody of the minor children and also registered a case in Crime No.242 of 2023 for the offences punishable

l'

under Sections 498-A, 506 of Indian Penal Code a-nd Sections 3, 4 of the Dowry Prohibition Act.

3. Heard Sri Anil Kumar Gaju, Iearned counsel for the petitioner as well as Sri B.Anil Kumar Yadav, Iearned counsel appearing on behalf of the respondent.

4. l,earned counsel for the petitioner would submit that the petitioner is residing with her pa-rents at Hanamkonda and she is dependent on her parents. Learned counsel further submitted that whenever the petitioner is attending the Court at Kalpataru, Hyderabad, the respondent husband is threatening her, as such, prayed the Court to transfer G.W.O.P.No.B9O of 2023 from [he {ile of learned Judge, Family Court at Kalpataru, Hyderabad to the lile of iearneci Judge' Family Court at Hanamkonda or Warangal'

5. On the other hand, learned counsel lor the respondent submitted that the said G.W.O.P has to be hlecl where the minor children are residing as per Section 9 of the Guardian ald Wards Act, 1956, as such, the Court at Hanamkonda or Warangal has no jurisdiction to entertain the same'

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6. Having regard to the rival submissions made by both the counsel ald having gone through the material available on record, since the minor children a-re not residing in the jurisdiction of Waranga-l or Hanamakonda District, the Transfer Civil Miscellaneous Petition is liable to be dismissed.

⁷. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. There shall be no order as to costs.

Pending Miscellaneous Applications, if any, shall stand

closed.

Sd/. B.SARASw HI ASSISTANT RE IS R SECTION ICER

To

1. The Judge, Family Court at Kalpataru' Hyderabad

tearnlo Luoge, Family Couri at Hanamkonda or Warangal

//TRUE COPY//

i. ri " ""ri "r 5. o"" ct t" sRl. GAJU ANIL KUMAR, Advocate [oPUC]

;. o;; aa io shr. a ANIL KUMAR YADAV, Advocate {oPUCl

5. Two CD CoPies

PR

gh 0\p

HIGH COURT DATED:02/02/2024

ORDER

TRCMP.No.416 of 2023

DISMISSING THE TRCMP