T CHANDRAVADHANA Vs. K SRINIVASAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to call for the records in application No.1841 of 2012 in O.P.No.388 of 2011, dated 26.4.2012 pending on the file of the Original Side of this court and after setting aside the same, seeks for the return of O.P.No.388 of 2011 to the respondent so as to present it before the appropriate court.

(2.) THE petitioner is the wife and the respondent is the husband. THE respondent filed O.P.No.388 of 2011 before this court under Section 25 of the Guardian and Wards Act read with Order 21 Rule 13 of the O.S. Rules. THE respondent had prayed for a permanent custody of the minor child S.Krishnavareshini, born on 25.09.2005. THE said O.P. was registered as O.P.No.388 of 2011 and notice was ordered to the petitioner. THE petitioner filed a counter statement dated Nil (July, 2011). It was stated by the petitioner that she was not a permanent resident of Chennai. If at all, a petition ought to have been filed only before the District Court, Namakkal and not before the Original Side of this court. Apart from the merits of the case, she made several allegations including that the respondent was attempting to take the child outside India. She had also stated that there was no cause of action for filing the O.P.

(3.) AS against the order passed by this court dated 20.7.2011, the respondent had preferred an OSA being OSA No.292 of 2011. The said OSA came to be disposed of by an order dated 23.09.2011. Subsequently, a contempt petition was filed by the respondent in Contempt Petition No.1915 of 2011. In the contempt petition, this court by an order dated 09.02.2012, had ordered as follows :