THE HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
THE HON'BLE SMT. JUSTICE V.SUJATHA
F.C.A. No.87 OF 2019
JUDGMENT: (Per Hon'ble Sri Justice A.V.Sesha Sai)
Heard Smt. Nimmagadda Revathi, learned counsel for the
appellant and Sri Korrapati Subba Rao, learned counsel for the
respondent, apart from perusing the material available on record.
2. Appellant in the instant appeal, preferred under Section 19 of the Family Courts Act, 1984, is the husband of the respondent and their marriage took place on 30.12.2015. The appellant herein filed the present F.C.O.P. No.570 of 2017 under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights. The respondent-wife filed Transfer Civil Miscellaneous Petition No.343 of 2017 before the composite High Court, seeking transfer of F.C.O.P. No.570 of 2017 from the file of the Court of Judge, Family Court, Ranga Reddy District at L.B.Nagar to the file of the Court of Senior Civil Judge, Parchuru, Prakasam District. The composite High Court, vide order dated 11.12.2017, after taking into consideration the convenience of both the parties, directed transfer of F.C.O.P. No.570 of 2017 to the file of the Judge, Family Court, Guntur. After such transfer, the F.C.O.P. filed by the petitioner herein came to be numbered as F.C.O.P.No.187 of 2018 on the file of the Judge, Family Court-cum-XII Additional District Court, Guntur. The learned Judge, Family Court, Guntur, by way of the order impugned in the present appeal, dismissed F.C.O.P.No.187 of 2018 on the ground of 2 jurisdiction, while holding that the matter was transferred to the said Court by reason of mistake. It is very much evident from a reading of the order of the composite High Court in Transfer Civil Miscellaneous Petition No.340 of 2017 dated 11.12.2017 that the composite High Court after withdrawing F.C.O.P.No.570 of 2017 from the Court of the Judge, Family Court, Ranga Reddy District at L.B.Nagar, transferred the same to the Family Court, Guntur. Therefore, the order passed by the learned Judge, Family Court, Guntur, which is impugned in the present appeal, dismissing the F.C.O.P. on the ground of jurisdiction is neither sustainable nor tenable.
3. For the aforesaid reasons, this Appeal is allowed, setting aside the order dated 16.04.2019 passed by the Judge, Family Court-cum- XII Additional District Court, Guntur District, Guntur, in F.C.O.P.No.187 of 2018, and consequently, F.C.O.P.No.187 of 2018 stands restored to file and the learned Judge, Family Court, Guntur, shall decide the F.C.O.P. as per law. There shall be no order as to costs of the appeal.
As a sequel, interlocutory applications, if any, pending in this appeal, shall stand closed.
___________________ A.V.SESHA SAI, J ___________________ V.SUJATHA, J Date: 27.06.2022 siva 3 THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE SMT. JUSTICE V.SUJATHA F.C.A. No.87 OF 2019 Date: 27.06.2022 siva