MUTHUSELVI KANDASAMY Vs. MUTHUKRISHNAN SUBBIAH

JUDGEMENT

(1.) The following are the allegations contained in the Application filed by the Wife. The Respondent is the husband. The Petitioner is the Wife. The allegations contained in the main G.W.O.P. are denied. The entire allegations in the Application are false and concocted and created for the purpose of getting favourable jurisdiction. Earlier, G.W.O.P. No. 131 of 2008 was filed by the Respondent. However, it was dismissed on 30.10.2009 as he filed another Petition to return the Original Petition on the ground of jurisdiction. The Petitioner gave birth to two children in U.S.A., who are the citizens of U.S.A. by birth and then the Petitioner has come to India. He filed three cases before the Sub-Court, Thoothukudi, one in H.M.P. No. 111/2008 for divorce and another one G.W.O.P. No. 131 of 2008 for directing this Petitioner to give custody of the two children. The Petitioner and her family members never stayed within the jurisdiction of the Sub-Court, Thoothukudi. They also never stayed in the address found place in the G.W.O.P. Petition. This Court has no jurisdiction to entertain the main application since the Petitioner and his family members never ordinarily reside in the Court's jurisdiction. Hence, the Original Petition may be returned to the Petitioner to present the same before the proper forum, which has the jurisdiction.

(2.) In the Counter filed by the Respondent/Husband, it is stated that this Court has got jurisdiction to try the case. The Petitioner filed Application in LA. No. 111 of 2008 in H.M.O.P. No. 80 of 2010, on the file of the Sub-Court, Kovilpatti seeking permanent alimony and in that I.A., she has contended that her two minor daughters are studying in Vikasa School, Tuticorin, which was also admitted in the enquiry conducted by the Police on her Complaint. Hence, it is very clear that the place of residence of minors is Door No. 1E/1A, Bryant Nagar 3rd street, Tuticorin which is within the jurisdiction of Sub-Court, Thoothukudi.

(3.) The law is well-settled that paramount consideration for Court while exercising its powers paramount consideration, is the welfare of minor and jurisdiction of the Court is determined by "Ordinary residence" of minors under the Guardian and Wards Act. Therefore, it is clear that the Petition has been filed without application of mind and in misconception of law.