Malireddy Venkata Rama Rao v. Malireddy Sathyaveni
2005-11-07
D.S.R.VERMA, P.SWAROOP REDDY
body2005
DigiLaw.ai
D. S. R. VARMA, J, J. ( 1 ) HEARD both sides. ( 2 ) THE whole and simple question involved in this case is as to whether the family Court at Hyderabad has jurisdiction to try O. P. No. 359 of 1997. ( 3 ) THE OP was filed by the husband, seeking divorce on the ground of cruelty and desertion. It is stated by the petitioner-husband that they lived together in hyderabad till January, 1996, when desertion took place. The OP was filed in 1997. ( 4 ) IT appears that some documents also have been pressed into service by the husband in order to show that he lived in Hyderabad to maintain the OP in the family Court at Hyderabad. In order to satisfy the requirement under Section 19 (iii) of the Hindu Marriage Act, 1955, those documents have been denied by the wife. But the fact remains that after undergoing trial for five years and almost at the verge of decision being rendered by the Court, at this stage, the Court below had returned the papers to the appellant on the ground that the OP was not maintainable and in order to present the same before the appropriate court. ( 5 ) AS already noticed, it is that order which is impugned in this appeal. It is to be noted in this regard that the matter has been pending for the past five years for trial. The trial was over and even after hearing the arguments, the present order has been passed. ( 6 ) IN our view, the present order nullifies the whole trial that took place. It is to be further remembered that both the parties effectively participated in the proceedings and on this issue of jurisdiction, the whole exercise of trial that had been conducted by the trial Court had been nullified and as a result, the OP has to be presented before the appropriate Court having jurisdiction and it may take considerable time further. ( 7 ) THOUGH question of jurisdiction is a substantial question of law and goes to the root of the matter sometimes, but in the peculiar circumstances, the present impugned order had been passed.
( 7 ) THOUGH question of jurisdiction is a substantial question of law and goes to the root of the matter sometimes, but in the peculiar circumstances, the present impugned order had been passed. It is to be remembered that these are times when the courts have to endeavor to put an end to the litigation either way by speedy and expeditious disposal of the matter, of course, subject to certain vital issues like limitation and jurisdiction. ( 8 ) THIS is a matter that arises under the Hindu Marriage Act, under Section 13, seeking divorce. ( 9 ) HAVING regard to the facts and circumstances, in order to avoid the nullification of the whole trial undertaken by the Court in furtherance of resolution of the dispute expeditiously, we exercise jurisdiction under Section 24 of C. P. C. and as a result of which, the O. P. No. 359 of 1997 shall be deemed to have been transferred to the file of Family Court at hyderabad for disposal of the matter in accordance with law. ( 10 ) ACCORDINGLY, the appeal is disposal of with the above direction. No order as to costs.