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2010 DIGILAW 1520 (MAD)

Minors S. Yuvasri & S. Visathan by guardian/father A. Shanmugam v. Gowri

2010-04-03

M.JAICHANDREN

body2010
Judgment :- 1. This civil revision petition has been filed praying that this Court may be pleased to direct the learned District Judge, Erode, to number the unnumbered G.W.O.P. and to take it on the file of the District Judge, Erode, to be heard and disposed of, on merits. 2. The main contention of the learned counsel appearing for the petitioner is that the G.W.O.P., dated 27.1.2010, had been filed, on 27.1.2010, before the learned District Judge, Erode. It had been returned, on the same day, for compliance. One of the reasons for the return has been stated to be that, when the natural guardian for a minor is the mother, the petitioner had to explain as to how the petition was maintainable, as it had been filed by the father of the minor. The petition had been re-presented stating that it is maintainable, as per Section 6 of the Hindu Minority and Guardianship Act, 1956. Inspite of the petitioner explaining the position of law, the petition had been returned on several occasions. Again, on 24.2.2010, it had been returned with the following endorsement:- "As per the document No.8, minor Vishathan age is 4 years. As per the Hindu Minority and Guardianship Act, Section 6, how this petition is maintainable. Time two weeks." 3. The learned counsel appearing for the petitioner had relied on the decision of this Court, in R.MANICKAM Vs. THE SENGUNTHAR CHARITABLE TRUST ( 2009 (5) CTC 550 ) wherein, this Court had directed the learned District Court, Namakkal, to take on file the re-presented plaint and to decide the issue arising for consideration, on merits, and to pass appropriate orders thereon, within a specified time. 4. In view of the submissions made by the learned counsel appearing for the petitioner and in view of the decision cited supra, the learned District Judge, Erode, is directed to take on file the re-presented G.W.O.P., dated 27.1.2010, on file on its re-presentation by the petitioner and to decide the issue as to whether the father of the child, who is the petitioner in the said petition, can maintain the petition on behalf of the child, as per the relevant provisions of the Hindu Minority and Guardianship Act, 1956. The petitioner is permitted to re-present the unnumbered G.W.O.P., dated 27.1.2010, within ten days from the date of receipt of a copy of this order and on such re-presentation, the learned District Judge, Erode, is directed to take on file the said petition and to decide the above mentioned issue arising for consideration, on merits and pass appropriate orders thereon, within two weeks, thereafter. 5. The civil revision petition is allowed accordingly. The Registry is directed to return the original G.W.O.P., dated 27.1.2010, filed along with the present civil revision petition to the learned counsel appearing for the petitioner. No costs.