Inquiry Regarding Maintainability of GWOP Case
2 weeks ago
I'm from Hyderabad. I'm married 13 years ago to husband from Kurnool, Andhra State; endured physical abuse. Filed 498A complaint in hyd police station a year ago. Two daughters, aged 11 and 3, reside and study in hyd for about a year. Kids' Aadhar and passport list hyd address. We mostly lived in Riyadh, Saudi. Resided in India, only during vacations. Husband filed RCR and GWOP case in his home city, Kurnool, Andhra Pradesh. Pls let me know the maintainability of GWOP case. I received summon notice but didn't attend; case pending with new summon dates. It's difficult for me to travel with my daughters for court summons.
A.Dear Client,
Both the petition under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights (RCR) and the petition under Sections 10 and 25 of the Guardians and Wards Act, 1890 for seeking guardianship of the minor child can be filed simultaneously. However, according to Section 9 of the Guardians and Wards Act, the petition should be filed in the District Court where the minor ordinarily resides. Therefore, the Guardianship of Wards of Court (GWOP) case filed in the Kurnool Court, Andhra Pradesh, may need to be transferred to the relevant District Court in Hyderabad where the children reside. The petitioner can also request the transfer of the RCR case to the District Court in Hyderabad. However, the decision to allow or reject the transfer request lies within the discretion of the Court, considering the jurisdictional provisions under Section 19 of the Hindu Marriage Act.
Both the petition under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights (RCR) and the petition under Sections 10 and 25 of the Guardians and Wards Act, 1890 for seeking guardianship of the minor child can be filed simultaneously. However, according to Section 9 of the Guardians and Wards Act, the petition should be filed in the District Court where the minor ordinarily resides. Therefore, the Guardianship of Wards of Court (GWOP) case filed in the Kurnool Court, Andhra Pradesh, may need to be transferred to the relevant District Court in Hyderabad where the children reside. The petitioner can also request the transfer of the RCR case to the District Court in Hyderabad. However, the decision to allow or reject the transfer request lies within the discretion of the Court, considering the jurisdictional provisions under Section 19 of the Hindu Marriage Act.
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A.Dear Client,
It may be noted that both the petition under Sec.9 of the Hindu Marriage Act, 1955 for RCR and the petition under Sec.10 & 25 of the Guardians and Wards Act, 1890 seeking guardianship of the minor child can be filed at the same time. But as per the provision of Sec. 9 of the Guardians and Wards Act it should be made to the District Court having jurisdiction over the place where the minor ordinarily resides. So, the GWOP case is not maintainable in the Court at Kurnool, Andhra Pradesh and the case would be transferred to the concerned District Court, Hyderabad once the petition is moved by the respondent on the next date of hearing in the Court at Kurnool seeking transfer of the GWOP case to Hyderabad where the children resides. You can also pray for the transfer of the RCR case to the District Court at Hyderabad. It depends upon the discretion of the Court to allow or reject your prayer because under Section 19 of the Hindu Marriage Act, a petition for the restitution of conjugal rights is filed in the district court where the petitioner resides or where the parties last resided together. For this purpose, you can seek the service of an Advocate either of Hyderabad or Kurnool whichever suits you most.
It may be noted that both the petition under Sec.9 of the Hindu Marriage Act, 1955 for RCR and the petition under Sec.10 & 25 of the Guardians and Wards Act, 1890 seeking guardianship of the minor child can be filed at the same time. But as per the provision of Sec. 9 of the Guardians and Wards Act it should be made to the District Court having jurisdiction over the place where the minor ordinarily resides. So, the GWOP case is not maintainable in the Court at Kurnool, Andhra Pradesh and the case would be transferred to the concerned District Court, Hyderabad once the petition is moved by the respondent on the next date of hearing in the Court at Kurnool seeking transfer of the GWOP case to Hyderabad where the children resides. You can also pray for the transfer of the RCR case to the District Court at Hyderabad. It depends upon the discretion of the Court to allow or reject your prayer because under Section 19 of the Hindu Marriage Act, a petition for the restitution of conjugal rights is filed in the district court where the petitioner resides or where the parties last resided together. For this purpose, you can seek the service of an Advocate either of Hyderabad or Kurnool whichever suits you most.
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A.Dear Madam
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
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