ANAMIKA Vs. ANNAMNEEDI RAJA SEKHAR

JUDGEMENT

(1.) This transfer C.M.P., under Section 24 CPC, has been filed by the respondent in GOP No.443 of 2009 on the file of the District Judge, Family Court, at Visakhapatnam to transfer the said O.P., to the file of Family Court, at Hyderabad.

(2.) The petitioner and the respondent are wife and husband. They got married on 28.7.1998. They have a male child out of the wedlock on 6.12.2001. Their marriage is a love marriage and they lead happy marital life till the year 2005. Some disputes cropped up between them in the year 2005 and thereupon, they fell apart. They filed O.P.No.1064 of 2007 under Section 13(b) of the Hindu Marriage Act, 1955 seeking divorce on mutual consent before the Family Court, Visakhapatnam. The marriage between them came to be dissolved with effect from 30.6.2008. The wife along with the child has been staying at Hyderabad.

(3.) The husband filed GOP No.443 of 2009 under Section 7(1)(A) of the Guardians and Wards Act to appoint him as guardian of the minor son. Initially, an ex parte order came to be passed in the said O.P. The wife filed CMA No.936 of 2009 assailing the order dated 17.7.2009 passed in GOP No.443 of 2009. The said C.M.A came to be allowed by a Division Bench of this Court and the matter came to be remanded to the Family Court, Visakhapatnam to pass appropriate orders on merits, by judgment dated 3.9.2009. The relevant portion of the judgment passed in CMA No.936 of 2009 reads as hereunder: