Telangana High Court
Sri. Kante Purnachander vs Smt. Kante Sumalatha on 4 June, 2021
Author: A.Rajasheker Reddy
Bench: A.Rajasheker Reddy
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
C.R.P.NO.751 OF 2021
ORDER
This revision is filed against the order dated 3.3.2021, wherein and whereby, the court of XVI Additional District Judge - cum - Family Court, Rangareddy District, returned the FCOP(SR).No. 392/2021, filed by the petitioner - husband under Section 9 of the Hindu Marriage Act, 1955 for restoration of conjugal rights against the respondent - wife, on the ground that the court below has no territorial jurisdiction to decide the matter.
Heard Sri K.Mohan, learned counsel for the petitioner, who submits that petitioner filed an affidavit dated 15.02.2021 specifically stating that he and his wife last resided at Flat No.205, Sri Sai, Residency, Plot No.63 Part, Machha Bollarum, Secunderabad, but without taking that aspect into consideration, the court below relying on the Adhar Card, which the petitioner obtained much prior to the marriage, returned the petition erroneously.
He submits that the petition is only at the stage of numbering, and when there is specific assertion that the petitioner and his wife have last resided at Machha Bollarum, Secunderabad, which falls within the territorial jurisdiction of the trial court, the court below should have numbered the petition. If the other side comes and objects, then a preliminary issue can be framed with regard to territorial jurisdiction, but without taking into consideration the affidavit filed by the petitioner, returning the petition without numbering, is illegal and arbitrary.
2
It is to be seen that in the affidavit filed by the petitioner dated 15.02.2021, at paragraph Nos. 2 and 3, it is stated as under:
"2. I state that my AADHAR Card address is that of my parents residence and I state that I am currently residing on rent at Flat No.205, Sri Sai Residency, Plot No.63 part, Machha Bolarum, Secunderabad - 10 and I state that myself and my wife had last resided together at the said address.
3. I stat that I am still continuing to reside at the aforementioned address and as proof of the same, I am submitting the latest electricity bill and receipt, standing in the name of my landlord and there is no rental agreement nor are rental receipts being issued by my landlord and the electricity bill is the proof of my residence at the said house."
From the above affidavit, the petitioner is asserting that the address in the Aadhar card is the address of his parents, and that he along with his wife last resided at the address given at Machha Bolaraum, Secunderabad, and that he is still residing in the same address, and he sought to file the electricity bill where he is presently residing.
The trial court while returning the petition has not taken into consideration the above assertions made in the affidavit.
Since the trial court returned the petition even before numbering, no notice need be given to the respondent for deciding this interlocutory application.
For the foregoing reasons, the impugned docket order dated 03.03.2021 is set aside, and the trial court is directed to take into consideration the affidavit dated 15.02.2021 filed by the petitioner and consider for numbering F.C.O.P., if the same is otherwise in order.
The revision petition is accordingly allowed at the stage of admission. 3 Office is directed to return the papers to the counsel for the petitioner, enabling him to present before the trial court.
Interlocutory applications pending, if any, shall stand closed. No order as to costs.
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A.RAJASHEKER REDDY,J DATE:04--06--2021 AVS