K AMARNATH Vs. VARDHINI AMARNATH

JUDGEMENT

(1.) HEARD: This is an application filed by the petitioner, who is the father of the minor son A. Sai Karthick (12 years old), seeking for a permanent custody of the minor child from the respondent, under Section 25 of the Guardians and Wards Act, 1890 (for short GAWA) read with Clause 17 of the Letters Patent read with Order 21 Rules 2 and 3 of O.S. Rules.

(2.) THE petitioner is a resident of Chennai. THE respondent, the mother of the minor child, who is having the custody of the minor son, is a permanent resident of Kotucherry near Karaikal, which comes under the Union Territory of Puducherry.

(3.) THE cause of action set out in paragraph 18 of the O.P., contains the following averments:-18. THE cause of action for this petition arose at Chennai within the jurisdiction of this Hon-ble Court where the petitioner resides and from where the minor Said Karthic was taken away by the Respondent on 01.04.2005 and again subsequently on 28.04.2006 on 19.10.1995 when the petitioner and the Respondent were married at Karaikal, and thereafter the marriage was registered at Chennai on 20.10.1995 when the minor son was born on 20.10.1997--(emphasis added)