ORDER

This petition is filed for seeking the transfer of the case O.S.No.498/98 titled Dr. P. Mohan Rao v. Smt. P. Usha which was filed under Section 13 of the Hindu Marriage Act before the Family Court-cum-Vth Additional District Judge at Visakhapatnam for transfer to the Family Court at Mysore. Having heard learned Counsels on both sides and on perusal of the pleadings raised in this case we are satisfied that it is fit a case in which the relief sought for by the petitioner should be granted.

2. However, it is brought to our notice that during the pendency of these proceedings an order has been made by the Family Court at Vishkapatnam disposing of the said matter. In the circumstances set forth in the I.A.2/2000 the exparte decree made on 10.10.2000 by the Family Court Visakhapatnam in O.S.489/98 is set aside and the proceedings before the Court shall stand restored and transferred to the Family Court at Mysore.

3. Mr. K. Ram Kumar, learned Counsel for the respondent submits that it would not be appropriate to transfer this case to Court which has no jurisdiction under the Hindu Marriage Act. The powers that are exercised by this Court are not under the Hindu Marriage Act but alt