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Judgments of Supreme Court of India and High Courts

Salai Ramya vs Senthilkumar on 10 July, 2019

1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10.07.2019

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI

Tr.C.M.P.(MD).No.491 of 2017
and
C.M.P.(MD).No.9795 of 2017

Salai Ramya .. Petitioner

Vs.

1. Senthilkumar, @ Sabari Senthil

2. Salai Vahanan, .. Respondent

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24

of Civil Procedure Code, to withdraw and transfer the G.W.O.P.No.32

of 2016 from the file of District Judge, Karur to Family Court, Trichy.

For Petitioner : Mr.S.Saravagan Prabhu

For R1 : Mr.V.Balaji
For R2 : No appearance

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2

ORDER

The petition is filed to withdraw and transfer the

G.W.O.P.No.32 of 2016 from the file of District Judge, Karur to

Family Court, Trichy.

2.The case of the petitioner is that the petitioner is the

wife and first respondent is the husband. The first respondent

herein filed a petition in G.W.O.P.No.32 of 2016 for appointing him

as the Guardian of his minor son viz., Salai Aadhi @ B.S.Dharsan

Kumar and the same is pending before the learned District Judge,

Karur. The petitioner and the first respondent got married on

11.02.2001 and minor Salai Aadhi @ B.S.Dharsan Kumar was born

on 14.11.2001. Due to misunderstanding between the spouse, the

petitioner is living separately and the minor child was taken care by

the petitioner. The petitioner and the first respondent obtained a

consent divorce before the learned Subordinate Judge, Karur in

H.M.O.P.No.81 of 2010 on 21.10.2010 and at that time the first

respondent agreed that the custody of the child to be with the

petitioner. The petitioner is settled at Trichy and she is working as a

Senior Manager in Canara Bank, Trichy. The first respondent filed a

http://www.judis.nic.in
3

petition under Sections 7 to 9 of the Guardian and SectionWards Act, 1890,

with false allegations and averments. As per Section 9 of the

Guardian and SectionWards Act, 1890, the application should be made to

the District Court having jurisdiction in the place where the minor

ordinarily resides. Since the petitioner is working in Trichy, it will be

very difficult for her to appear before the District Court at Karur.

Hence, the petitioner requests the G.W.O.P.No.32 of 2016 is to be

transferred to the Family Court, Trichy.

3.On the side of the first respondent, it is stated that the

respondent is having every right to file the petition before the

District Court, Karur and there is no such a consent for the custody

during the divorce proceedings and hence, he prayed the petition to

be dismissed.

4.A perusal of the records reveals that the minor is now

studying 11th standard in Trichy and the petitioner is working in

Trichy. According to Section 9 of the Guardian Ward Act, the

G.W.O.P. has to be filed before the District Court having jurisdiction

in place where the minor ordinarily resides. Hence, it is decided

that the G.W.O.P.No.32 of 2016 pending before the District Court,

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4

Karur is to be withdrawn and the same is to be transferred to the

First Additional Sessions Judge, Trichy.

5.The learned District Judge, Karur is directed to transfer the

G.W.O.P.No.32 of 2016 to the First Additional Sessions Judge, Trichy,

immediately. On receipt of the same, the learned First Additional

Sessions Judge, Trichy is directed to dispose the petition within a

period of three months.

6.With the above directions, this Transfer Civil Miscellaneous

Petition is allowed. No costs. Consequently, the connected

miscellaneous petition is closed.

10.07.2019
Index : Yes / No
Internet: yes / No

Ls

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5

To

1.The District Judge,

Karur.

2.The First Additional Sessions Judge,

Trichy.

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6

R.THARANI., J.

Ls

Tr.C.M.P.(MD).No.491 of 2017
and
C.M.P.(MD).No.9795 of 2017

10.07.2019

http://www.judis.nic.in

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