GAUTAM MENON Vs. SUCHARITHA GAUTAM

JUDGEMENT

(1.) THIS petition is filed by the husband against his wife, the respondent herein, under Secs.3 and 23 of Guardians and Wards Act, 1890 and O.21, Rules 1 and 2 of Original Side Rules, read with Art. 17 of Letters Patent, 1865 to direct the respondent to deliver the minor children to the custody of the petitioner and for other reliefs. THIS petition was filed in this Court on 19.7.1990.

(2.) THE respondent has filed a counter stating that this Court may not have jurisdiction to entertain this petition inasmuch as the children whose custody is sought by the petitioner, are permanently residing at Coimbatore outside the Ordinary Original Civil Jurisdiction of this Court.

(3.) PER contra, Mr.Kothandaraman, learned counsel appearing for the petitioner submitted that this Court alone has jurisdiction and to try the matters like this and in support of his contention, learned counsel for the petitioner placed before me the following decisions reported in Rajah of Vizianagaram v. Secretary of State, 71 M.L.J. 873: 169 I.C. 189: I.L.R. 1937 Mad. 383: A.I.R. 1935 Mad. 51, Tarun Chandra Ghosh, In re., A.I.R. 1930 Cat. 598, Mahadeo Krishna Rupji, In re., A.I.R. 1937 Bom. 98, Lovejoy Patel, In re., A.I.R 1944 Cal 433 and Pamela Williams v. Partrick Cyril Martin, (1970)2 M.L.J. 539: A.I.R. 1970 Mad. 427.