Suresh Kumar Kait, J.

Vide the present appeal, the appellant/husband has challenged the order dated 15.09.2017, passed in I.A.No.591 of 2017 in G.W.O.P.No.433 of 2017, whereby, the learned Additional Family Court, Hyderabad, dismissed the application of the appellant filed under Order 7 Rule 11 of CPC, praying the Court below to reject the main O.P. on the ground that it is hit by Section 9 of the Guardians and Wards Act, 1890.

2. The undisputed facts of the present case are that the respondent/wife went to USA in the year 2004 for her higher studies and completed her Masters in the year 2006 and secured employment in the US in January 2007 and her marriage was performed on 14th March 2008 at Hyderabad with the appellant, who was also residing in US prior to her marriage. Except for the marriage, the appellant and respondent are residing in US and pursuant to marriage also, resided in USA and cohabitated in US and two children, namely, Arthin Kodali and Neysa Sakhamuri Kodali, born in US on 14th March 2012 and 13th October 2014 respectively. Both of them are admitted in school at US much prior to the initiation of proceedings before Additional Family Court at Hyderabad. Bot