Geetha Sathya ...Revision vs Prasanna Subramaniam
2022 Latest Caselaw 4035 Mad

                                                                                C.R.P(MD).No.383 of 2022


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED :02.03.2022

                                                         CORAM:

                                   THE HONOURABLE MRS. JUSTICE S.ANANTHI

                                                C.R.P(MD).No.383 of 2022

                     Geetha Sathya                                 ...Revision Petitioner/Petitioner

                                                            Vs.


                     Prasanna Subramaniam                          ...Respondent/Respondent

                     PRAYER : This Civil Revision Petition is filed under Section 227 of the
                     Constitution of India, to set-aside the order dated 22.01.2022 made in
                     CFR.No.14067 of 2021 Unfiled Guardian Original Petition on the file of the
                     Principal District Judge, Thanjavur.


                                    For Petitioner     : Mr.V. Meenashi Sundaram
                                                         for Mr.P.Samuel Gunasingh


                                                        ORDER

This Civil Revision Petition has been filed to set-aside the order dated

22.01.2022 made in CFR.No.14067 of 2021 Unfiled Guardian Original

Petition on the file of the learned Principal District Judge, Thanjavur.

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2.CFR.No.14067 of 2021 in Unfiled Guardian Original Petition

was filed by the revision petitioner under Section 10 of the Guardian and

Wards Act 1980, to appoint her as guardian of the minor female child and to

direct the respondent to hand over the custody of the minor female child

Aadhika to the petitioner and also direct the respondent to pay all the

expenses incurred in bringing up the female child, including educational

medication, etc. with cost of the petitioner, which was rejected by the

learned Principal District Judge, Thanjavur. Aggrieved by the said order,

the petitioner filed this Civil Revision petition on the ground that it is hit by

Section 13 of the Civil Procedure Code.

3. Perusal of records would show that the learned Principal

District Judge, Thanjavur, rejected CFR.No.14067 of 2021 Unfiled

Guardian Original Petition on the ground that it is directly barred by the

provision of Section 13 of the Civil Procedure Code. But the Foreign

Judgment based on the custody of child not on merit and not discussed

anything, which is applicable to the parties in India. Since the matter is

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decided before issuing notice to the respondent, no notice necessary in this

Civil Revision Petition also.

4.In view of the above, this Civil Revision Petition is allowed.

The learned Principal District Judge, Thanjavur, is directed to number the

Guardian Original Petition, if it is otherwise in order, and to decide the

matter on merits. No costs.

                                                                              02.03.2022

                     Index    : Yes / No
                     Internet : Yes / No
                     vsd

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

The Principal District Judge, Thanjavur.

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S.ANANTHI, J.

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