DR. MRS. MASHMOOM, W/O SAJID PEERZ Vs. MR. SAJID, S/O USTAD MOHSIN HAYATPEER PEERZADE, AGE: 46 YEARS, OCC: SERVICE IN DOHA QATAR, R/O PLOT NO.210, 1ST STAGE, RANI CHANNAMMA NAGAR, BELGAUM. NOW RESIDING AT DOHA QATAR, POST BOX NO.2458, Q.P.STAFF NO. 12879, DOHA QATAR (ARAB

JUDGEMENT

(1.) The appellant is the wife of respondent No.l. She made a petition under Sections 7 and 8 of the Guardians and Wards Act, 1890, in the Family Court at Belgaum, seeking custody of minor children i.e. respondent Nos.2 and 3. Respondent No.l contended that the Family Court had no jurisdiction to entertain the petition in view of the fact that the minor children were residents of Doha Qatar. The Family Court decided the question of jurisdiction and held that it did not have the jurisdiction and accordingly, passed an order on 10.04.2013. This order is under challenge in this appeal.

(2.) Heard the learned counsel for the appellant and also the respondents.

(3.) The learned counsel for the appellant argues that the Court below has committed an error in holding that it does not have the jurisdiction to entertain the petition for custody of the minor children. His argument is that on the day when the petition was presented, the children were very much residing at Belgaum. The appellant produced number of documents in proof of residence of the children at Belgaum. Instead of considering the said documents, the Family Court held that the children are ordinarily residents of Doha Qatar and therefore, Family Court, Belgaum, does not get the jurisdiction to decide the petition. According to him, the Family Court should have held that the minor children were residing at Belgaum on the day when the petition was presented and hence, this order needs to be set aside.