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1990 Supreme(Mad) 1006

A.R.LAKSHMANAN
Gautam Menon – Appellant
Versus
Sucharitha Gautam – Respondent


JUDGMENT

Lakshmanan, J.

1. This petition is filed by the husband against his wife, the respondent herein, under Sections 3 and 25 of Guardians and Wards Act, 1890 and Order 21, Rules 1 and 2 of Original Side Rules, read with Cl. 17 of Letters Patent, 1865 to direct the respondent to deliver the minor children to the custody of the petitioner and for other reliefs. This petition was filed in this Court on 19.7.1990.

2. The respondent has filed a counter stating that this Court may not have jurisdiction to entertain this petition inasmuch as the children whose custody is sought by the petitioner, are permanently residing at Coimbatore outside the ordinary original civil jurisdiction of this Court.

3. When the matter was taken up for hearing on the earlier occasion the Counsel for the respondent raised the very same objection and submitted that this petition filed in this Court is not maintainable. According to the learned Counsel, the wife is permanently stationed at Coimbatore and she was working in some firm and would find it very difficult to take leave from her employer, that the children are also studying at Coimbatore for the last six years. Hence on the question of inconvenience o
















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