Khantha Sambasiva Rao vs Khanta Kiranmaye
2022 Latest Caselaw 2864 AP

            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

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

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