USHA Vs. PALISETTY MOHAN RAO

JUDGEMENT

(1.) This petition is filed for seeking the transfer of the case O. S. No. 498/98 titled Dr. P. Mohan Rao vs. Smt. P. Usha which was filed under Section 13 of the Hindu Marriage Act before the Family Court-cum-Vth Additional District Judge at Visakhapatnam for transfer to the Family Court at Mysore. Having heard learned counsel on both sides and on perusal of the pleadings raised in this case we are satisfied that it is a fit case in which the relief sought for by the petitioner should be granted.

(2.) However, it is brought to our notice that during the pendency of these proceeding an order has been made by the Family Court at Vishkapatnam disposing of the said matter. In the circumstances set forth in the I. A. 2/2000 the exparte decree made on 10-10-2000 by the Family Court, Visakhapatnam in OS 498/98 is set aside and the proceedings before that Court shall stand restored and transferred to the Family Court at Mysore.

(3.) Shri K. Ram Kumar learned counsel for the respondents submits that it would not be appropriate to transfer this case to a Court which has no jurisdiction under the Hindu Marriage Act. The powers that are exercised by this Court are not under the Hindu Marriage Act but altogether under different provisions of law. If the arguments raised by the learned counsel is to be accepted then no transfer of any case can be made inasmuch as the matter would have been filed in a Court having jurisdiction to deal with it. That would stultify the process of law and render nugatory the provisions relating to transfer. The argument is therefore plainly untenable and stands rejected. Except the question of jurisdiction all other questions raised by the parties are left open to be considered by the Family Court at Mysore. The transfer petition is allowed accordingly.