IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE RENUKA YARA TRANSFER CIVIL MISCELLANEOUS PETITION No.254 of 2025

02^nd DAY OF DECEMBER, 2025 Between:

Bandaru Venkata Ratnakar.

…Petitioner AND Bandaru @ Chilusani Swathi.

…Respondent

ORDER:

Heard Sri Chavali Ramanand, learned counsel for the petitioner and Sri Kongala Mohan Goud, learned counsel for the respondent. Perused the entire record.

2. This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, seeking withdrawal and transfer of Medchal-Malkajgiri District at Malkajgiri to the file of the Judge, Family Court, Khammam District at Khammam, to try along with F.C.O.P.No.94 background of facts leading to filing of F.C.O.P.No.94 of 2025 and the G.W.O.P.No.38 of 2025 seeking custody of the child by the parties. The petitioner is in private service currently working from home from Khammam town. The respondent is also employee and working in Wipro ICICI Bank, Hyderabad, and is residing with her parents at Moulali, Hyderabad.

4. Learned counsel for the respondent submitted that the child of the petitioner and respondent was studying in Hyderabad and only for the purpose of filing G.W.O.P., the petitioner has taken away the child from her school and joined her in a school at Khammam. It is submitted that Khammam is at a distance of 200 kms from Moulali and transferring the G.W.O.P. to said place is likely to cause serious inconvenience to the respondent. Further, it is submitted that if G.W.O.P. is transferred from Medchal-Malkajgiri Court to the Court at Khammam, the petitioner would be initiating steps to get the remaining cases pending between the parties transferred to the Courts at Khammam.

of the Guardians and Wards Act, 1890, contemplates filing of petition seeking custody of the child in the jurisdiction of the Court where the child the G.W.O.P.No.38 of 2025 along with F.C.O.P.No.94 of 2025.

6. This Court cannot go into the facts whether the child was deliberately taken away by the petitioner from her school at Hyderabad and got her joined at school in Khammam or the respondent is not concerned with the child. The parties are making allegations against one another to suit their purposes for the purpose of this petition. This Court can only look into the relevant provision of the Guardians and Wards Act, 1890 for adjudicating the issue of transfer. As per Section 9 of the said Act, any relief to be sought with respect to care and custody of the minor child shall be in the Court of the jurisdiction where the child is residing. The admission form at page No.40 of the material papers filed along with the present petition shows that the child is admitted into LKG in Future Kids School at Khammam. Since the evidence on record shows that the child is residing in Khammam, this Court deems fit and proper to transfer the G.W.O.P.No.38 of 2025 from the file of the Judge, Family Court, Medchal- Malkajgiri District at Malkajgiri to the file of the Judge, Family Court, Khammam District at Khammam.

7. In the result, the Tr.C.M.P. is partly allowed and G.W.O.P.No.38 of District at Malkajgiri, is withdrawn and transferred to the Court of the Judge, Family Court, Khammam District at Khammam. The Court concerned is hereby directed to transmit the entire case file after duly indexing within a period of one month from the date 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.

_________________ RENUKA YARA, J Date: 02.12.2025 GVR