BHARAT VATS Vs. GARIMA VATS

JUDGEMENT

(1.) The challenge by means of this appeal is to the impugned order dated 19.2.2011 which has dismissed the petition of the Petitioner for want of territorial jurisdiction in view of the Section 9 of the Guardian and Wards Act, 1890 as per which the petition ought to have been filed where the minor ordinarily resides, and, the minor was ordinarily found to be residing with the Respondent/mother at Noida in UP.

(2.) Minor child was born on 14.11.2008 in USA. After the parties came to India, they resided originally at the house of the Petitioner in Delhi, however subsequently, the mother on account of ill treatment was forced to leave the matrimonial home along with the minor child and has thereafter been living in Noida since 4.6.2009.

(3.) The learned Counsel for the Appellant contends that the mother has illegally taken away the child from the matrimonial home at Delhi and therefore the Court at Delhi has jurisdiction. This aspect has been dealt with by the Trial Court in the following portion of the impugned judgment: