P.UTHEJA Vs. S.SRINIVAS

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 19.7.2013 in I.A.No.269 of 2013 in FCOP No.248 of 2012 on the file of the Court of the Family Judge, Secunderabad.

(2.) THE revision petitioner is the legally wedded wife of the respondent. She filed O.P.No.248 of 2012 against the respondent seeking a decree for annulment of the marriage on the ground of non -consummation of marriage as well as a decree for divorce on the ground of cruelty.

(3.) I have heard the learned counsel for both the parties. As could be seen from the material available on record, the marriage between the petitioner and the respondent is not in dispute. According to the revision petitioner/wife, the marriage was performed at Nama Kalyana Mandapam, Surya Convention Centre, Beside Balaji Hospital, Kompally Road, Secunderabad. It is claimed by her that at the time of presentation of O.P. she was residing at Plot No.61, Phase -II, Sancharapuri Colony, Old Airport Road, New Bowenpally, Secunderabad. Thus O.P.No.248 of 2012 was filed in the Family Court, Secunderabad. The respondent/husband filed I.A.No.269 of 2013 alleging that the wife was not a resident of New Bowenpally, Secunderabad and that at no point of time she lived in the address given in O.P.No.248 of 2012. It was also pleaded that the revision petitioner/wife is a resident of Alwal and even in the criminal complaint lodged by her on 6.3.2013 vide FIR No.133 of 2013 at Alwal P.S. her address was shown as H.No.2 -25, Near Harijan Basthi, Old Alwal. Thus it was alleged that the O.P. was presented in the Family Court, Secunderabad suppressing her true residence and claiming falsely that she is a resident of New Bowenpally, Secunderabad. Thus, he prayed to return the main O.P. for want of territorial jurisdiction.