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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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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
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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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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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To
1.The District Judge,
Karur.
2.The First Additional Sessions Judge,
Trichy.
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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