D Sreedhar v. Smt. Himavathi

THE HON'BLE JUSTICE SRI T. SUNIL CHOWDARY CIVIL REVISION PETITION No.1999 of 2018 ORDER:

This Civil Revision Petition is filed under Section 115 of CPC assailing the order dated 06.03.2018 passed in I.A.SR.No.556 of 2018 in OP SR No.8721 of 2017 on the file of the Principal Judge, Family Court, Hyderabad.

The petitioner filed O.P. under section 13 (1) (ia) of the Hindu Marriage Act, 1955 against the respondent for dissolution of the marriage.

A perusal of the record reveals that the trial Court returned the petition on the ground that the GPA was executed outside India.

A perusal of the record reveals that the petitioner herein is residing in USA. The maternal uncle of the petitioner filed the petition before the trial court after obtaining GPA from the petitioner in USA. A perusal of the record further reveals that the maternal uncle of the petitioner presented the GPA before the District Registrar, Hyderabad. On 15.12.2017 the District Registrar regularised the GPA after collecting necessary stamp duty. A perusal of the record prima facie reveals that the petitioner has complied with the provisions of Section 18 of the Indian Stamp Act.

Taking into consideration the facts and circumstances of the case, the order dated 06.03.2018 passed in I.A (SR) No.556 of 2018 in OP SR No.8721 of 2017 on the file of the Principal Judge, Family

Court, Hyderabad is hereby set aside and the trial court is herby directed to number the O.P, if it is otherwise in order. Accordingly, this Civil Revision Petition is allowed. No order as to costs. As a sequel, miscellaneous petitions, if any pending in this Civil Revision Petition, shall stand closed. ________________________ T. SUNIL CHOWDARY, J.

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