THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Transfer C.M.P.No.138 of 2011 ORDER: The petitioner is the wife of the respondent. Their marriage took place in the year 2001. They were living at Proddatur and they were blessed with two children. In the recent past, differences have arisen between them and the petitioner had come to the house of her parents at Karwan, Hyderabad together with the children. Various proceedings ensued between the parties. The respondent filed G.O.P.No.29 of 2011 in the Court of II Additional District Judge, Proddatur, under Sections 10 and 25 of the Guardians and Wards Act, for custody of the two children, by name Abhinav Kumar Reddy and Sai Himani, aged about 9 and 6 years respectively. The petitioner seeks transfer of the G.O.P. to the Family Court, Hyderabad. It is stated that O.P.No.1166 of 2010 filed by the respondent under Section 9 of the Hindu Marriage Act in the Court of Senior Civil Judge, Proddatur has since been transferred to the Family Court, Hyderabad and that D.V.C.No.101 of 2010 is pending in the Court of I Metropolitan Magistrate, Hyderabad. Heard the learned counsel for the petitioner. Though the respondent is served with notice, he has not chosen to enter appearance. After the parties started living separately, the respondent filed O.P.No.1166 of 2010 under Section 9 of the Hindu Marriage Act in the Court of Senior Civil Judge, Proddatur and that has since been transferred to the Family Court, Hyderbad. He has also filed G.O.P.No.29 of 2011 in the Court of II Additional District Judge, Proddatur for custody of the minor children. Admittedly, the children are with the petitioner. In addition to the grounds that weighed with this Court for transferring the O.P. under Section 9 of the Hindu Marriage Act, an important factor is that Section 9 of the Guardian and wards Act directs that the O.P. for custody of minor children shall be filed in the Court within whose territorial jurisdiction they reside. Viewed from any angle, the G.O.P. deserved to be transferred to the Family Court, Hyderabad. Therefore, the Transfer C.M.P. is allowed and G.O.P.No.29 of 2011 is transferred from the Court of II Additional District Judge, Proddatur to the Family Court, Hyderabad. On such transfer, it shall be heard along with O.P.No.1166 of 2010. There shall be no order as to costs. _________ 11.07.2011 Note: Issue C.C. in one week. (B/o) Jsu THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Transfer C.M.P.No.138 of 2011 Date: 11.07.2011 JSU