RADHIKA JAISWAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed seeking a prohibition against the Family Court, Hyderabad from proceeding with O.P. No. 116 of 2012 filed by the 2nd respondent on the ground that the Family Court has no jurisdiction and the O.P. is not maintainable. The facts to the extent relevant for the disposal of this writ petition are adverted in this order.

(2.) The petitioner is married to Respondent No. 2 on 20.02.2006. A female child was born to them on 19.07.2007, who has been given the name as Fahem Fathima. The baby is also said to have been given the name as Muskan Jaiswal.

(3.) At the time of marriage, the petitioner is said to be a Muslim by conversion. It appears that in course of time, differences developed between them since 2008. The petitioner alleges that she was subjected to torture and harassment for the sake of dowry. For a brief period, she left the 2nd respondent and joined her parents. Again she joined the company of the 2nd respondent from 24.06.2008. The petitioner once again left him and came back to her parents' house on 28.07.2008. The petitioner claims that she was re-converted to Hinduism on 29.08.2008. In the circumstances, she filed O.P. No. 27 of 2012 on the file of the Family Court, City Civil Court, Hyderabad, to declare the marriage as null and void. The 2nd respondent also filed O.P. No. 116 of 2012 for custody of the minor child and obtained certain interim orders, including the one in I.A. No. 519 of 2012 in O.P. No. 116 of 2012, dated 18.7.2012, wherein the 2nd respondent was permitted custody of the minor child for a day on 19.7.2012 between 4-00 p.m., and 7-00 p.m. It is stated that the said order is under challenge in C.R.P. No. 3119 of 2013.