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2025 DAILYLAW 23927 (AP)

Smt. Kota Rajini v. Kota Anil,

TRCMP/198/2025 · 2025-07-27

Venuthurumalli Gopala Krishna Rao

body2025

Judgment text

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APHC010338122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANS. CIVIL MISC.PETITION NO: 198 OF 2025 Between: Smt. Kota Rajini, W/o.Kota Anil, aged about 37 years, D/o.Kodali Venkata Subba Rao, Occ: Employee, R/o.D.No.2-4-221, SVN Colony, Guntur District-522 006. ...Petitioner AND Kota Anil, S/o. Somaiah, aged about 40 years, Occ; Employee R/o.D.No.10-32, Jail Singh Colony, Dharanikota, Amaravathi Mandal Guntur District. ...Respondent Petition filed 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 F.C.O.P.No.20 of 2022 on the file of the XII Additional District-cum-Family Court Judge, Guntur and to transfer the same to the Principal District Judge, Guntur to try along with D.O.P.No.1134 of 2021. lA NO: 1 OF 2025 Petition filed under Section 151 CPC praying that in the circumstances stated in tbe affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in D.O.P.No.1134 of 2021 of the Principal District Judge, Guntur, Tr.C.M.P. Counsel for the Petitioner: Sri G.Krishnaprasad Royal Counsel for the Respondent: None The Court made the following: on the file pending disposal of the above appeared .^0 ■ THE HON’BLE SRI JUSTICE V.GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.198 of 2025 ORDER: The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.20 of 2022, on the file of the XII Additional District-Cum-Judge, Family Court, Guntur and transfer the same to the Principal District Judge, Guntur to try, along with D.O.P.No.1134 of 2021, filed by the respondent/husband. Today when the matter is taken up for hearing, learned counsel for the petitioner had represented that subsequent to the filing of the present transfer civil miscellaneous petition, the respondent/husband has filed a Memo before the Principal District Judge, Guntur stating that he is going to not press the case in D.O.P.No.1134 of 2021, filed for restitution of conjugal rights, on the file of the Principal District and Sessions Judge, Guntur. Thereafter, by recording the said memo filed by the respondent herein, the learned Principal District and Sessions Judge, Guntur, by an order dated 25.07.2025, dismissed the case in D.O.P.No.1134 of 2021 as not pressed. Learned counsel for the petitioner has represented that since the case in D.O.P.No.1134 of 2021, on the file of the Principal District and Sessions Judge, Guntur, has been dismissed as not pressed, therefore, the cause in the present transfer petition does not survive for further adjudication. He further represented that, though three (03) years of time period had already , been lapsed from the date of institution of the case, the enquiry in the said i F.C.O.P., had not yet been commenced and requested this Court to fix a time limit to the Court below for disposal of the case in F.C.O.P.No.20 of 2022. 2. 3. 2 4. Heard G.Krishnaprasad Royal, learned counsel for the petitioner. Perused the material available on record. 5. As seen from the material available on record, the petitioner/wife had instituted a case in F.C.O.P.No.20 of 2022, on the file of the XII Additional District-Cum-Judge, Family Court, Guntur, under Section Indian Divorce Act, seeking for dissolution of marriage. On considering the submission made by the learned counsel for the petitioner, since three (03) years of time period had already been lapsed from the date of institution of the case and the enquiry in the said F.C.O.P., had not yet been commenced, therefore, instead of transferring the matter from the Family Court to other Court, this Court is inclined to dispose of the present transfer civil miscellaneous petition by fixing a time limit to the learned XII Additional District-Cum-Judge, Family Court, Guntur, for the disposal of the F.C.O.P.No.20 of 2022. In the result, the transfer civil miscellaneous petition is disposed of and the learned XII Additional District-Cum-Judge, Family Court, Guntur, is hereby directed to dispose of the case in F.C.O.P.No.20 of 2022, within a period of six (06) months from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. 10(1)(x), of the some case in 6. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XII Additional District Judge-cum-Judge, Family Court, Guntur, Guntur District. HCsT 2. Smt. Kota Rajini, W/o.Kota Anil, D/o.Kodali Venkata Sabba Rao, Occ; Employee, R/o.D.No.2-4-221, SVN Colony, Guntur District-522 006. Kota Anil, S/o.Somaiah, Occ:Employee, R/o.D.No.10-32, Jail Singh Colony, Dharanikota, Amaravathi Mandal, Guntur District. One CC to Sri G.Krishnaprasad Royal, Advocate [OPUC] Two CD Copies 3. 4. 5. BSV sree '"V- HIGH COURT DATED:28/07/2025 ORDER TRCMP NO. 198 OF 2025 DISPOSING OF THE TR.CMP WITHOUT COSTS