ARUNISH SOOD Vs. KUMAR SOOD

JUDGEMENT

(1.) THIS petition has impugned the order dated 06.10.2009 vide which the petition under Section 25 of the Guardians and Wards Act, 1890 seeking custody of the minor child Shivansh Sood had been dismissed; the Court was of the view that Delhi courts donot have the territorial jurisdiction to try the present petition.

(2.) THE present petition has been filed by the father of the minor child seeking custody of his son Master Shivansh Sood presently in the care and custody of his maternal grandparents, Kumar Sood and Smt. Sanjogita Devi Sood.

(3.) LEARNED counsel for the petitioner has placed reliance upon a judgment of this Court reported in 76 (1998) DLT 526 Ramji Lal Yadav Vs. Dalip Kumar Yadav to support his submission that the constructions of words "where the ward for the time being ordinarily resides" under Section 9 of the Guardian and Wards Act has been misconstrued by the Guardian Court; relationship between the applicant, the minor and the opponent had necessarily to be considered; father in this case is the preferential guardian over and above the maternal grandparents and in the absence of any specific disqualification qua the father custody should have been granted in his favour. It is pointed out that in this case (Supra) the Guardian Court had decided this issue in favour of the petitioner; this had been upheld by the High Court in appeal and it had not interfered with the order of the trial Judge keeping in view of the factual scenario of that case. It is pointed out that the facts of the instant case are also the similar.