MAREEDU SATYANARAYANA PRASAD Vs. MALLIPUDI PADMAJA

JUDGEMENT

(1.) The petitioners filed the above Transfer Civil Miscellaneous Petition under Sec. 24 of the Code of Civil Procedure, hereinafter in short referred to as "Code" praying for transfer of G.W.O.P. No. 177 of 2002 from the Family Court, Vijayawada to the Court of Additional District Judge, Krishna to be tried along with G.W.O.P. No. 137 of 2002 and to pass such other suitable orders.

(2.) The petitioners are wife and husband and the respondent is their daughter. It is stated that the respondent fell in love with one Mallipudi Chakravarthi and according to their wishes, marriage was celebrated on 5-8-1992 at Gudivada. It was further stated that during their wedlock, a daughter was born to them on 26-12-1996 and the respondent and her husband lived together for some time at Gudivada, but due to ill-luck, they could not pull on together and in such circumstances, the child Himani was left with them at the age of 6 months and she was brought up by them with love and affection and the petitioners have been taking care about her welfare. Subsequent thereto, the respondent herein had left Gudivada and settled down at Vijayawada and has been staying in Women's hostel and thus she is totally ignoring the welfare of the child and has been making all efforts to obtain divorce from her husband and to marry another person. In such circumstances, inasmuch as the welfare of the minor child is of paramount importance, the petitioners moved an application before the District Court, Krishna to appoint the 1st petitioner as guardian of the minor child in G.W.O.P. No. 137/2002 on the file of Additional District Judge, Krishna, Machilipatnam, and the petitioners also moved an application for injunction restraining the respondent from removing the child from their custody and the Court was pleased to grant the injunction which is still in force. It is also stated that after receipt of notice filed in the above O.P., the respondent herein filed G.W.O.P. No. 177/2002 against the petitioners before the Family Court, Vijayawada for custody of the child. It is also stated that the minor child has been residing with the petitioners at Gudivada within the territorial jurisdiction of Machilipatnam and hence an application for custody of the child lies only before the District Court, Machilipatnam. It is further stated that in such circumstances, to avoid conflicting decisions it is prayed for transfer of G.W.O.P. No. 177/2002 from the Family Court, Vijayawada to the Court of Additional District Judge, Krishna to be tried along with G.W.O.P. No. 137 of 2002 and for passing such other suitable orders.

(3.) Sri Prasad, the learned Counsel representing the petitioners had submitted that the fact that the child is residing at Gudivada is not in dispute. The learned counsel also had drawn my attention to the notification issued in G.O.Ms. No. 11, dated 23-2-1995 wherein the operation of Family Court at Vijayawada was specified as over the metropolitan area of Vijayawada. The learned counsel also had contended that in view of Sec. 9 of the Guardians & Wards Act, 1890, the District Court at Machilipatnam alone will have jurisdiction over the area where actually the child is residing. The learned Counsel also submitted that though the respondent had moved the Family Court at Vijayawada, in view of the notification issued under the Family Courts Act, 1984 for establishment of the Family Courts, it can be definitely said that even on admitted facts, the Family Court at Vijayawada has no jurisdiction and just for the purpose of convenience the respondent had invoked the jurisdiction of the Family Court at Vijayawada. It was also contended that at any rate, to avoid conflicting decisions, it is a fit matter where the matter pending before the Family Court, Vijayawada has to be necessarily transferred to the Court of Additional District Judge, Krishna to be tried along with G.W.O.P. No. 177 of 2002.