Punjab-Haryana High Court
Smt. Anju Bala vs Vipin Oberoi on 21 August, 2003
Equivalent citations: (2004)136PLR468
Author: Viney Mittal
Bench: Viney Mittal
JUDGMENT Viney Mittal, J.
1. The mother of the minor, Smt. Anju Bala, has filed the present petition under Section 24 of the Code of Civil Procedure for transferring the petition filed by the father, Vipin Oberoi, under the provisions of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') for the custody of the minor. The petition has been fited by the father, which is stated to be pending before the Civil Judge (Senior Division), Jagadhri.
2. Shri Shiv Kumar, learned counsel appearing for the applicant-petitioner has relied upon the provisions of Section 9(1)of the Act to contend that, in fact, the Courts (SIC) gadhari did not have any jurisdiction, inasmuch as, admittedly the minor, namely, Master Vineet Oberoi, was living with the petitioner (mother) at Faridabad.
3. At this stage Section 9 of the Act be noticed with some advantage:-
"9. Court having jurisdiction to entertain application.- (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.
(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction."
4. It is not in dispute that minor Vineet Oberoi is presently residing with his mother, Anju Bala, at Faridabad.
5. In view of the mandatory provisions of Section 9 of the Act, it is apparent that the Courts it Jagadhri do not have any jurisdiction to entertain the petition filed by the respondent father. Such a petition for custody of the minor was maintainable only with the Courts at Faridabad.
6. Accordingly, the Civil Judge (Senior Division), Jagadhri is directed to return the petition filed by the respondent-father to him for presentation to a Court of competent jurisdiction in accordance with law.
The petition is disposed of accordingly.
Copy of this order be given dasti on payment of usual charges.