SUMEET Vs. ANUPAM GUPTA

JUDGEMENT

(1.) By present petition, the petitioner has assailed order dated 29th August, 2008 whereby the learned Guardianship Judge decided issue of jurisdiction against the petitioner.

(2.) Brief facts relevant for the purpose of deciding this petition are that the respondent filed a petition under Section 25 of the Guardian & Wards Act in respect of custody of ten year old daughter on various grounds. In the petition filed by the respondent, the respondent gave one Delhi address of the present petitioner alleging that petitioner was living at S-342, First floor, Greater Kailash-II, New Delhi with one Mr. Rajeev Shawhney. However, the show cause notice of this petition under Guardianship Act was not served on the petitioner at Delhi address but was served at Gurgoan address, namely, S-1/8, DLF Phase-III, Gurgaon, Haryana. It is apparent from the service of notice that the respondent had deliberately given incorrect address of the petitioner in the custody petition. After service of notice, the petitioner moved an application under Order VII Rule 11 CPC before the Guardianship Judge that Guardianship court had no jurisdiction. This application was dismissed by the Trial Court.

(3.) A perusal of order of the Guardianship court would show that no dispute was raised that the petitioner was living at Gurgaon with the daughter about whose custody the petition was filed. However, the Guardianship Judge brushed aside the objection to his jurisdiction holding as under :-