DANDU SRIDHAR Vs. POTHAMASHETTY PADMA PRIYA

JUDGEMENT

(1.) Aggrieved of the order dated 17.10.2003 passed in I.A. No.414 of 2003 in O.P. No.2 of 2003 by the Judge, Family Court, Hyderabad, filed under Section 9(1) of the Guardians and Wards Act, 1890 read with Section 151 of the Code of Civil Procedure for dismissing the OP for want of jurisdiction to the petitioner - husband to file the O.P., the original petition filed by the husband - petitioner herein under Section 6 of the Hindu Minority and Guardianship Act, 1956 read with Section 25 of the Guardians and Wards Act for the custody of the minor, was returned to him for presentation before the proper Court, the husband petitioner preferred this Civil Miscellaneous Appeal contending that the Court below has erred in entertaining the application under Section 9(1) of the Guardians and Wards Act filed by the respondents herein i.e., mother and maternal grand parents of the minor particularly when the Original petition was filed under Section 25 of the Guardian and Wards Act, that the Court below has erred in returning the application when since none of the circumstances enumerated under Section 9(3) of the Guardians and Wards Act is fulfilled.

(2.) The factual matrix in a narrow compass is that the petitioner herein filed OP No.2 of 2003 under Section 6 of the Hindu Minority and Guardianship Act read with Section 25 of the Guardian and Wards Act seeking the custody of the minor against the wife - first respondent herein and his in- laws Respondents 2 and 3 herein. While the matter was thus pending, the first respondent - wife filed petition in IA No.414 of 2003 with a prayer to dismiss the main petition for want of jurisdiction to the petitioner - husband to file the petition at Hyderabad.

(3.) The said petition was resisted by the petitioner herein.