MINORS S YUVASRI AND S VISATHAN Vs. GOWRI

JUDGEMENT

(1.) THIS civil revision petition has been filed praying that this Court may be pleased to direct the learned District Judge, Erode, to number the unnumbered G.W.O.P. and to take it on the file of the District Judge, Erode, to be heard and disposed of, on merits.

(2.) THE main contention of the learned counsel appearing for the petitioner is that the G.W.O.P., dated 27.1.2010, had been filed, on 27.1.2010, before the learned District Judge, Erode. It had been returned, on the same day, for compliance. One of the reasons for the return has been stated to be that, when the natural guardian for a minor is the mother, the petitioner had to explain as to how the petition was maintainable, as it had been filed by the father of the minor. THE petition had been re-presented stating that it is maintainable, as per Section 6 of the Hindu Minority and Guardianship Act, 1956. Inspite of the petitioner explaining the position of law, the petition had been returned on several occasions. Again, on 24.2.2010, it had been returned with the following endorsement:- "As per the document No.8, minor Vishathan age is 4 years. As per the Hindu Minority and Guardianship Act, Section 6, how this petition is maintainable. Time two weeks."

(3.) THE civil revision petition is allowed accordingly. THE Registry is directed to return the original G.W.O.P., dated 27.1.2010, filed along with the present civil revision petition to the learned counsel appearing for the petitioner. No costs.