T.K. Kodandaram v. The Registrar General, High Court

(Per Hon’ble Sri Justice B. Prakash Rao) This writ petition is filed by the petitioner seeking a Writ of Certiorari to quash all the proceedings in O.S.No.62 of 2003 on the file of the Family Court – cum – Additional Chief Judge, City Civil Courts, Secunderabad - 5th respondent herein, and to declare transfer of the said suit from the court of the 1st Additional Chief Judge, City Civil Courts, Secunderabad – 3rd respondent herein to the 5th respondent court by the Chief Judge, City Civil Courts, Hyderabad - 4th respondent herein, as illegal and unlawful. Heard Sri T.K. Kodandaram, party in person, and Smt. M. Bhaskara Lakshmi, learned counsel appearing for the respondents, and at their request, the writ petition itself is taken up for disposal. The petitioner herein is 1st defendant in O.S.No.62 of 2003 on the file of the Family Court-cum-Additional Chief Judge, City Civil Courts, Secunderabad – 5th respondent.

The main objection taken by the petitioner in this writ petition is that at the stage of framing of issues, the suit was transferred from 3rd respondent court (1st Additional Chief Judge, City Civil Courts, Secunderabad) to 5th respondent court (The Family Court Judge-cum- Additional Chief Judge, City Civil Courts, Secunderabad) without notice to the parties. The 5th respondent court is having no jurisdiction to try any suits other than the cases fall under Section 7 of the Family Courts Act, 1984. That apart, the 4th respondent court (the Chief Judge, City Civil Courts, Hyderabad) also is not having administrative power over the 5th respondent court (the Family Court Judge-cum- Additional Chief Judge, City Civil Courts, Secunderabad) in terms of the Rule 42 of the High Court of A.P. Family Courts (court) Rules. 6th respondent herein the suit seeking perpetual injunction simplicitor, but not otherwise.