Jurisdiction - family court - The revision petitioner filed the above F.C.O.P under Section 11 r/w. Section 5(1) of the Hindu Marriage Act,1955 against his wife and another, seeking to nullify the marriage. The said F.C.O.P was returned with an objection about the maintainability of F.C.O.P on the ground of territorial jurisdiction. The petitioner in his petition affidavit clearly stated that he along with his wife has resided lastly at Guntur in a house bearing D.No.16-18-4, Burlevari Street, Old Guntur. In support of his contention, he also filed Aaadhar Card evidencing proof his address. Inspite of the said fact, the learned trial judge returned the F.C.O.P with an endorsement to file it before the appropriate court having territorial jurisdiction. Assailing the said order, the present Civil Revision Petition is filed. =. As per the Aadhar Card, filed by the revision petitioner, it clearly shows that the revision petitioner is residing in a house bearing D.No.16-18-4, Burlevari Street, Old Guntur. As per the averments in the petition affidavit of unnumbered F.C.O.P of 2020, the petitioner along with his wife has resided lastly in the 2 said house. As such, in the considered opinion of this court, the court below is having territorial jurisdiction to hear the matter.

Jurisdiction - family court - The revision petitioner filed the above F.C.O.P under Section 11 r/w. Section 5(1) of the Hindu Marriage Act,1955 against his wife and another, seeking to nullify the marriage. The said F.C.O.P was returned with an objection about the maintainability of F.C.O.P on the ground of territorial jurisdiction. The petitioner in his petition affidavit clearly stated that he along with his wife has resided lastly at Guntur in a house bearing D.No.16-18-4, Burlevari Street, Old Guntur. In support of his contention, he also filed Aaadhar Card evidencing proof his address. Inspite of the said fact, the learned trial judge returned the F.C.O.P with an endorsement to file it before the appropriate court having territorial jurisdiction. Assailing the said order, the present Civil Revision Petition is filed. =. As per the Aadhar Card, filed by the revision petitioner, it clearly shows that the revision petitioner is residing in a house bearing D.No.16-18-4, Burlevari Street, Old Guntur. As per the averments in the petition affidavit of unnumbered F.C.O.P of 2020, the petitioner along with his wife has resided lastly in the 2 said house. As such, in the considered opinion of this court, the court below is having territorial jurisdiction to hear the matter.

AP HIGH COURT 

HON’BLE SRI JUSTICE K.SURESH REDDY

C.R.P.NO.73 OF 2021

Meduri Kalyan,
Versus
Meduri Rama Devi,

ORDER:-

The Civil Revision Petition is filed being aggrieved by the

docket order, dated 01-02-2020 passed in C.F.R.No.84 of 2020

in unnumbered F.C.O.P.No. of 2020 by the XII Additional

District and Sessions Judge-cum-Family Judge, Guntur.

The revision petitioner filed the above F.C.O.P under

Section 11 r/w. Section 5(1) of the Hindu Marriage Act,1955

against his wife and another, seeking to nullify the marriage. The

said F.C.O.P was returned with an objection about the

maintainability of F.C.O.P on the ground of territorial jurisdiction.

The petitioner in his petition affidavit clearly stated that he along

with his wife has resided lastly at Guntur in a house bearing

D.No.16-18-4, Burlevari Street, Old Guntur. In support of his

contention, he also filed Aaadhar Card evidencing proof his

address. Inspite of the said fact, the learned trial judge returned

the F.C.O.P with an endorsement to file it before the appropriate

court having territorial jurisdiction. Assailing the said order, the

present Civil Revision Petition is filed.

Heard the learned counsel for the petitioner.

This Court has gone through the entire material papers on

record and perused the order, which is impugned in this revision

petition. As per the Aadhar Card, filed by the revision petitioner,

it clearly shows that the revision petitioner is residing in a house

bearing D.No.16-18-4, Burlevari Street, Old Guntur. As per the

averments in the petition affidavit of unnumbered F.C.O.P of

2020, the petitioner along with his wife has resided lastly in the 

 2

said house. As such, in the considered opinion of this court, the

court below is having territorial jurisdiction to hear the matter.

In that view of the matter, the docket order passed by the court

below is not sustainable and the same is liable to be set aside.

Accordingly, the docket order, dated 01-02-2020, passed

in C.F.R.No.84 of 2020 in unnumbered F.C.O.P.No. of 2020 by

the XII Additional District and Sessions Judge-cum-Family Judge,

Guntur is set aside and the learned XII Additional District and

Sessions Judge-cum-Family Judge, Guntur is directed to register

the F.C.O.P on its file and proceed with the case in accordance

with law.

With the above observation, the Civil Revision Petition is

disposed of at the stage of admission. No order as to costs.

Miscellaneous Petitions pending, if any, shall stand closed

in consequence.

__________________

K.SURESH REDDY,J

29th JANUARY, 2021

TSNR