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2025 Supreme(Online)(Tel) 71256

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA,THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
Borra Prabhakar – Appellant
Versus
Smt. Swapna – Respondent


THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR C.M.A.No.310 of 2025 Mr.Palle Sriharinath, learned Counsel appearing for the appellant. JUDGMENT: (Per Hon’ble Justice Moushumi Bhattacharya The present Appeal arises out of an order dated 02-05-2025 passed by the learned III Additional District Judge, Sangareddy in IA.No.449 of 2024 in G.W.O.P.No.16 of 2024 filed by the appellant (father) for arrest of the Minor No.1 (son) and restoration of the minor to the custody of the appellant.

2. The prayer in the GWOP was for declaration of the appellant as guardian and for custody of the minor.

3. By the impugned order, the Trial Court dismissed the IA filed by the appellant on the ground of lack of jurisdiction.

4. Learned counsel appearing for the appellant submits that the Trial Court should have transferred the GWOP to the jurisdictional Family Court instead of proceeding with the same by way of trial and only thereafter dismissing the IA.

5. The argument made by the learned counsel is contrary to the recording in the impugned order. Paragraph 19 of the impugned order clearly records that the GWOP should have been filed before the jurisdictional Family C

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