SUBBAIAH Vs. DINESH

JUDGEMENT

(1.) This transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code to withdraw the petition in G.W.O.P.No.25 of 2014 on the file of the District court, Sivaganga and transfer the same to the Principal District Court, Dindigul.

(2.) The first petitioner is the father of the minor children, who are arrayed as the respondents herein and the second and the third petitioners are the grand patents of the minor respondents herein, and the minor respondents represented through their maternal grandparents in G.W.O.P.No.25 of 2014 pending on the file of the District Court, Sivaganga, Sivagangai District.

(3.) The case of the petitioners is that the marriage between the first petitioner and the daughter of the representing respondents was solemnized on 13.11.2009 and out of their wedlock, they have a daughter and son. While so, due to the difference of opinion between the first petitioner and his wife, the mother of the minor children died on 12.04.2014. Thereafter, the representing respondents claimed the custody of the minor children through G.W.O.P.25 of 2014 pending on the file of the District Court, Sivaganga, Sivagangai District by impleading the petitioners herein as well as the minor children and also sought a declaration declaring them as natural guardian. The petitioners appeared through their counsel and filed their reply also. The minors for whom the custody was claimed by the representing respondents is now with the natural guardian, namely, the first petitioner herein and they are being educated by him.