SAURABH JAIN Vs. SHILPA JAIN

JUDGEMENT

(1.) The present petition has been filed under Section 397 Cr.P.C. on behalf of the petitioner (husband) assailing the order dated 10.09.2020 passed by the Family Court, Rohini. The only ground of challenge raised by the petitioner is that the Family Court, Rohini had no territorial jurisdiction to entertain the petition.

(2.) Mr. Rahul Gupta, learned counsel for the petitioner has relied on the reply filed by respondent no.1 before the Family Court to submit that the children born out of the wedlock i.e., respondent nos. 2 and 3 herein, are going to Manav Rachna International School, Charm wood Village, Faridabad and respondent no.1 along with the children is residing at Plot No. A-2416, First Floor, Green Field Colony, Faridabad. He also submits that the petitioner resides in Sarita Vihar and accordingly, only Family Court, Saket Court will have the jurisdiction to try the case.

(3.) Mr. Sourabh Srivastava, learned counsel for the respondents submitted that respondent no.1 is a permanent resident of Pitampura where she resides along with her parents at House No. 124, Rajdhani Enclave, Pitampura. It is submitted that respondent no.1 is temporarily residing at the house in Faridabad on account of admission of respondent nos. 2 and 3 in the school mentioned hereinabove. He further relied on the bank statement issued by Karur Vysya Bank which has been filed along with the reply to submit that the account in the said bank was opened on the basis of permanent address of respondent no.1 i.e., the address in Pitampura. In fact, respondent no.1 has been filing her income tax returns wherein she has been mentioning her address at Pitampura as her residential address.