SANDHIYA Vs. D GUNASEKARAN

JUDGEMENT

(1.) This Transfer Civil Miscellaneous Petition has been filed by the Petitioner/wife. The Respondent/husband filed a petition in G.O.P. No. 136 of 2010 on the file of the Principal District Judge, Cuddalore, for appointing him as a guardian for all his three minor children and for their custody. It is stated in the said petition filed by the Respondent/husband that the Petitioner/wife herein had taken away the children with her without the knowledge of the Respondent/husband and already the Respondent/husband filed a petition in H.M.O.P. No. 26 of 2009 on the file of the Subordinate Court, Panruti, for restitution of conjugal rights and that petition was ordered on 12.2.2010. Even thereafter, the wife/Petitioner herein did not obey the order of the Court. Therefore, the petition in G.O.P. No. 136 of 2010, was filed to appoint the Respondent/husband as the guardian of the minors.

(2.) Mr. T. Dhanyakumar, the learned Counsel appearing for the Petitioner submitted that as per the Guardian and Wards Act, 1890 the Court, where the minors are residing will have the jurisdiction and admittedly, the minors are residing with the mother at Villupuram, and therefore, the District Court, Cuddalore, has no jurisdiction.

(3.) The learned Counsel appearing for the Respondent submitted that as per the judgment in the matter of Bhagyalakshmi and Anr. v. Narayana Rao, 1983 AIR(Mad) 9 in this Court has interpreted the word 'ordinary resides' and held that ordinary residence of the minors was that of father's place of residence and even though the minors are temporarily residing with the mother, it cannot be stated that they are not ordinarily residing with the father and hence, the District Court, Cuddalore, has got jurisdiction.