R. RAJARAMAN Vs. R. RENUKA

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the order of return in GWOP No. unnumbered of 2019 on the file of the learned Principal District Judge, Trichy, dated 01.07.2019 and direct the learned Principal District Judge, Trichy to number the GWOP No. unnumbered of 2019 and allow the Civil Revision Petition.

(2.) According to the revision petitioner/husband, the GWOP has been filed by the petitioner herein seeking for a relief of guardianship. It is clear that the petitioner is a guardian of the minor children, namely, R.R.Sibinanthan and R.R. Subi Santhosh and direct the respondent/wife to hand over the custody of the children to the revision petitioner for the welfare of the child. However, the aforesaid GWOP No. unnumbered of 2019 was returned by stating that as per Section 9(1) of the Guardians and Warden ship Act, 1980, this Court has no jurisdiction to entertain this petition and hence, this petition is returned. Aggrieved over the same, the revision petitioner has filed the instant Civil Revision Petition.

(3.) According to the revision petitioner, originally, the children were studying at R.S.K. Higher Secondary School (C.B.S.E.), Trichy. Due to the misunderstanding between the petitioner and the respondent they were separated and therefore, now the children are studying at Dharapuram where the respondent/wife is residing along with her parents. Further, the contention of the revision petitioner is that they were studied at Trichy and therefore, under Section 9(1) of the Guardians and Wardenship Act, 1980, he has jurisdiction to file the present petition since the minor children have been taken away by the mother forcibly and made them to join the school at Dharapuram. Therefore, he contended that the Court at Trichy is having jurisdiction where they had studied originally.