HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION.No.2857 of 2024

ORDER:

This Civil Revision Petition is filed assailing the order dated 31.07.2024 in I.A.No.236 of 2024 in G.W.O.P.No.04 of 2023 passed by the Judge, Principal Family Court, Ranga Reddy District at L.B.Nagar.

2. Heard, Sri C.M.R. Velu, learned counsel for the petitioner and Sri G. Ravi Chandra Sekhar, learned counsel for the respondent.

3. The brief facts of the case are that the respondent herein filed G.W.O.P to appoint him as guardian of minor daughters viz., Ridhima Sansththy and Reyona Samprethi, who are aged about 9 and 7 years. The petitioner herein who is the respondent in G.W.O.P filed I.A.No.236 of 2024 under Order XIV, Rule 2 of CPC seeking relief of framing of preliminary issue as to territorial jurisdiction and decide the same. Respondent herein filed counter in I.A.No.236 of 2024 in G.W.O.P.No.4 of 2023 opposing the petition. The Family Court vide impugned order dated 31.07.2024 dismissed the application with an observation that the Court will look into the jurisdiction at the time of registering the matter only and if the minor wards are removed from the jurisdiction of the Court after knowing about filing of Guardian O.P, the Court will not return or reject the O.P on that ground, since the same is not contemplated under the law.

4. Learned counsel for the petitioner would submit that as per Section 9(1) of the Guardian and Wards Act, 1890 mandates that the application for guardianship shall be made to the District Court having jurisdiction of the place where the minor ordinarily resides. Learned counsel for the petitioner further submits that petitioner has placed on record the transport fee receipt issued by the Little Woods School, Kakinada and also fee receipts as per which both the minors are residing and studying in Little Wood School at Kakinada even prior to filing of G.W.O.P. He would further submit that in paragraph No.4 of G.W.O.P, respondent himself admitted that petitioner was working in Agricultural Research Station, Tandur, Vikarabad District and left the company of petitioner along with the minor children on 03.10.2016 and residing at her sister’s house at Kakinada. Learned counsel for the petitioner placed on record bonafide conduct certificate issued by St. Mark’s Jubilee School at Tandur, Vikarabad District, Telangana dated 27.04.2023 apart which, both the minor children studied there from the academic year 2018-19 to 2022-23 while elder minor child studied from UKG to Class IV and younger minor child studied from LKG to Class III and thereafter minor children pursuing their studies at Kakinada from 2023 onwards. It is further contended that G.W.O.P was filed on 10.01.2023 and, however, the same was numbered much later.

5. The principal contention raised by the petitioner is that at present minor children are residing in Kakinada, A.P and pursuing their education from 2023 onwards; that as per the version of the respondent that the minors were residing at Tandur which is part of Vikarabad District. Whereas, the respondent filed the G.W.O.P in Ranga Reddy District. It is further contention of the petitioner that considering the above facts, the G.W.O.P is maintainable either before Vikarabad District Court or before Kakinada District Court but not before Ranga Reddy District Court and that though respondent in paragraph No.4 of the G.W.O.P admitted that petitioner was working at Tandur District, the Family Court, Ranga Reddy District without examining documents placed on record and contentions put forth by the petitioner, dismissed the I.A.No.236 of 2024 in G.W.O.P.No.04 of 2023 without deciding the territorial jurisdiction

6. It is apt to refer to Section 9 (1) of the Guardian and Wards Act, 1890 which mandates that an application for guardianship of minor children has to be filed within the District Court having jurisdiction in the place where the minor is residing.

7. A perusal of the material available on reco