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I.Bastin vs D.William … 1St on 23 March, 2017

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 23.03.2017  

CORAM   

THE HONOURABLE MS.JUSTICE V.M.VELUMANI            

Tr.C.M.P(MD)No.232 of 2013  
and 
M.P(MD)No.1 of 2013  

I.Bastin                                                        ... Petitioner/
                                                                   1st Respondent
Vs.

1.D.William                                                     ... 1st Respondent/
                                                                       Petitioner

2.B.Fathima 
3.Nirmaldoss 
4.N.Reena 
5.B.Ronald                                                  ... Respondents 2 to 5/
                                                                Respondents 2 to 5 

PRAYER: Petition filed under Section 24 of the Code of Civil Procedure, to
withdraw G.W.O.P.No.35 of 2013 on the file of the Principal District Court,
Villupuram and transfer the same to the I Additional District Court,
Tiruchirappalli for joint enquiry with G.W.O.P.No.43 of 2013.

For Petitioner          : Mr.M.V.Venkataseshan  

For Respondents         : Mr.D.Rameshkumar for R.1          

                                                   Mr.R.T.Srinivasan for R.2 to R.5


:ORDER  

This Transfer Civil Miscellaneous Petition has been filed seeking to
withdraw G.W.O.P.No.35 of 2013 on the file of the Principal District Court,
Villupuram and transfer the same to the I Additional District Court,
Tiruchirappalli for joint enquiry with G.W.O.P.No.43 of 2013.

2. The first respondent and the daughter of the petitioner got married
on 09.06.1988 and a female child, namely, Rachel Madonna was born in the
wedlock. The wife of the first respondent died due to brain tumor.
Thereafter, the child of the first respondent was made to be with the
petitioner. However, the first respondent filed G.W.O.P.No.35 of 2013 before
the Principal District Court, Villupuram, seeking custody of the minor child.
The petitioner also filed G.W.O.P.No.43 of 2013 before the I Additional
District Court, Tiruchirappalli, to appoint and declare him as guardian of
the minor child, namely, Rachel Madonna, till she attains majority.

3. Now, the petitioner has come before this Court seeking to transfer
G.W.O.P.No.35 of 2013 before the Principal District Court, Villupuram, to the
file of the I Additional District Court, Tiruchirappalli, to be tried along
with G.W.O.P.No.43 of 2013.

4. The learned Counsel for the petitioner submits that the minor child
is residing with him in Tiruchirappalli and the petitioner is taking care of
the minor child and as per Section 9 of the Guardians and Wards Act, 1890,
any application regarding the guardianship of the minor child should normally
be filed in the place where the minor child ordinarily resides and hence, he
prays for allowing this petition.

5. He has also produced a copy of the certificate from the school where
the minor child studied between 2013 and 2016 to prove that the minor child
is residing with the petitioner in Tiruchirappalli.

6. However, the learned Counsel for the first respondent as well as the
learned Counsel for the respondents 2 to 5 would vehemently oppose the relief
sought for by the petitioner.

7. Heard the learned Counsel appearing for either side and perused the
materials available on record.

8. Section 9 of the Guardians and Wards Act, 1890, reads as follows:
“9 . Court having jurisdiction to entertain application.- (1) If the
application is with respect to the guardianship of the person of the minor,
it shall be made to the District Court having jurisdiction in the place where
the minor ordinarily resides.

If the application is with respect of the guardianship of the property
of the minor, it may be made either to the District Court having jurisdiction
in the place where the minor ordinarily resides or to a District Court having
jurisdiction in the place where he has property.

If an application with respect to the guardianship of the property of a
minor is made to a District Court other than that having jurisdiction in the
place where the minor ordinarily resides, the Court may return the
application if in its opinion the application would be disposed of more
justly on conveniently by any other District Court having jurisdiction.”

(emphasis supplied.)

9. From the above, it is crystal clear that if any application is filed
with respect to the guardianship of the person of a minor, it shall be made
to the District Court having jurisdiction in the place where the minor
ordinarily resides and no doubt, the interest of the minor child is of
paramount importance and accordingly, a prima facie case has been made by the
petitioner to transfer G.W.O.P.No.35 of 2013 from the file of the Principal
District Court, Villupuram to the file of the I Additional District Court,
Tiruchirappalli, to be tried along with G.W.O.P.No.43 of 2013.

10. Accordingly, G.W.O.P.No.35 of 2013 from the file of the Principal
District Court, Villupuram, is transferred to the file of the I Additional
District Court, Tiruchirappalli, to be tried along with G.W.O.P.No.43 of
2013.

11. In the result, this Transfer Civil Miscellaneous Petition is
ordered as above. No costs. Consequently, the connected miscellaneous
petition is closed.

To

1.The Principal District Court, Villupuram.

2.The I Additional District Court, Tiruchirappalli..

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