Citation : 2025 Latest Caselaw 3600 Tel
Judgement Date : 19 August, 2025
THE HONOURABLE SMT. JUSTICE RENUKA YARA
Tr.C.M.P.No.517 of 2024
ORDER:
Heard Sri Kavadi Naresh, learned counsel for the petitioner.
Learned counsel for the respondent is absent. Counter is not filed, though,
the matter is posted finally today for counter. Hence, deemed no counter.
No representation for the respondent, hence, deemed no arguments.
2. This petition is filed by the petitioner seeking transfer of
H.M.O.P.No.182 of 2024 pending on the file of the Additional Senior Civil
Judge-cum-Assistant Sessions Judge-cum-Additional Assistant Sessions
Judge at Sangareddy, Sangareddy District, to the Principal District and
Sessions Judge-cum-Family Court, Medchal-Malkajgiri District at
Kushaiguda.
3. The petitioner herein is residing in Medchal-Malkajgiri District.
The respondent though is a permanent resident of Sangareddy District is
residing at Bangalore for the purpose of his employment in an
I.T.company. Due to marital dispute between the petitioner and the
respondent, the respondent filed H.M.O.P.No.182 of 2024 before the
Additional Senior Civil Judge-cum-Assistant Sessions Judge-cum-
Additional Assistant Sessions Judge at Sangareddy, Sangareddy District.
In view of the petitioner residing in Medchal-Malkajgiri District travelling
to Sangareddy, which is at a distance of 100 kms is cumbersome and also RY,J Tr.CMP_517_2024
the petitioner is facing threat to her life and limb, as such, sought transfer
of the said case.
4. There is no counter and no opposition to the present petition.
Further, as per the judgment of the Hon'ble Supreme Court in N.C.V.
Aishwarya v. A.S. Saravana Karthik Sha 1 , wife's residence and
convenience has to be taken into consideration while considering transfer
of family dispute matters. Hence, the petitioner is granted the relief as
prayed for.
5. In the result, the Transfer Civil Miscellaneous Petition is allowed
and the H.M.O.P.No.182 of 2024 pending on the file of Additional Senior
Civil Judge-cum-Assistant Sessions Judge-cum-Additional Assistant
Sessions Judge at Sangareddy, Sangareddy District, is withdrawn and
transferred to the Court of Principal District and Sessions Judge-cum-
Family Court, Medchal-Malkajgiri District at Kushaiguda. The entire
original record shall be transmitted within a period of one month. There
shall be no order as to costs. Miscellaneous Petitions, if any, pending in
this appeal, shall stand closed.
_________________ RENUKA YARA, J Date: 19.08.2025 GVR
2022 SCC OnLine SC 1199
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