Disposed

Smt.Meghana Gollamudi, W/o.Sanjeev Kumar Gollamudi v. Sanjeev Kumar Gollamudi

Telangana HC24 Jun 2011CRP/741/2011

Case brief

AI extract

What is this about?

The Court held it appropriate to decide the territorial jurisdiction issue first before entertaining the dissolution of marriage petition and directed the Family Court to decide the application without insisting the petitioner's presence in India.

What did the court decide?

Directed Family Court to dispose of I.A.No.75 of 2011 expeditiously; No order as to costs.

Smt.Meghana Gollamudi, W/o.Sanjeev Kumar Gollamudi… — Matrimonial and Divorce | Telangana HC (2011)

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HONOURABLE SRI JUSTICE GHULAM MOHAMMED

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CIVIL REVISION PETITION No.741 of 2011 ORDER:

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This Civil Revision Petition is filed seeking a direction to the Family Court, City Civil Court, Hyderabad, to decide the question of territorial jurisdiction as a preliminary issue as prayed for in I.A.No.75 of 2011 in O.P.No.731 of 2010 on its file, without insisting the presence of the petitioner, who is residing in United States of America.

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Heard learned counsel appearing for the petitioner and perused the relevant material papers on record.

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The said O.P. was filed by the respondent herein-husband for dissolution of the marriage between himself and the petitioner, alleging various grounds. In the said O.P., the petitioner herein-wife filed the present interlocutory application praying the Court to first decide the issue of territorial jurisdiction. She stated that after the solemnization of her marriage with the respondent herein, they both left to U.S.A. and have been residing there and that, at present also she is residing in U.S.A. and as such, she sought the relief of deciding the territorial jurisdiction of the trial Court first before entertaining the said O.P.

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This Court is not inclined to go into the facts of the case. However, in view of the fact that the petitioner herein-wife is, admittedly, residing in U.S.A., this Court is of the view that it would be

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quite appropriate if the issue of territorial jurisdiction is decided at the first instance before entertaining the main O.P. by the trial Court. Accordingly, the Civil Revision Petition is disposed of and the Family Court, City Civil Court, Hyderabad, is directed to dispose of I.A.No.75 of 2011 in O.P.No.731 of 2010 on its file as expeditiously as possible, in accordance with law. Till then, the Court below shall not insist the presence of the petitioner herein-wife before it. There shall be no order as to costs.

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_____________________________ JUSTICE GHULAM MOHAMMED 24^th June 2011 DR

Smt.Meghana Gollamudi, W/o.Sanjeev Kumar Gollamudi v. Sanjeev Kumar Gollamudi

Case brief

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Smt.Meghana Gollamudi, W/o.Sanjeev Kumar Gollamudi v. Sanjeev Kumar Gollamudi

Case brief

What is this about?

What did the court decide?

What the court decided

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