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Madras High CourtTR CMP/286/2023dismissed

Arthirani v. T.Rangaraj

2025-03-28Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.03.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No. 286 of 2023 & C.M.P.No. 6486 of 2023 Arthirani

...Petitioner

Vs.

1.T.Rangaraj 2.The District Collector Office of the District Collector Dindigul District.

...Respondents

Prayer: Transfer Petition is filed under Section 24 of the CPC, to withdraw GWOP.No.130 of 2022 on the file of the Principal District Court, Dindigul and to transfer the same to the file of the Family Court, Tiruppur.

1/5

For Petitioner :

Mr. P.Kalimuthu For Respondent 1 :

Mr. S.Shivram For Respondent 2 :

Mr. T.Arun Kumar Additional Government Pleader.

O R D E R

Seeking to transfer GWOP filed by the 1st respondent in GWOP.No.130 of 2022 on the file of the Principal District Court, Dindigul, the mother is the petitioner before this Court.

2. Admittedly the minors are residing with their father at Dindugul and the application has been filed before the Principal District Court, Dindugul. An application in respect of a guardianship of the minor should be made to the District Court having Jurisdiction i.e., in the place where the minor ordinarily resides. 2/5

3. As stated supra, the children are living with their father at Dindugul. Therefore, the GWOP has been filed before the Court having competent Jurisdiction. The Family Court, Tiruppur, to which transfer is sought for does not have jurisdiction to entertain the case.

4. Therefore, the Transfer Petition as requested cannot be accepted. Accordingly, the petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 28.03.2025 Index : Yes/No Internet : Yes/No kan To 3/5

1.The Principal District Court, Dindigul 2.The Family Court, Tiruppur.

P.T. ASHA, J, 4/5

kan 28.03.2025 5/5