BITHI ROHATGI Vs. VARUN KAKKAR

JUDGEMENT

(1.) Present petition has been filed challenging the summoning orders dtd. 27/4/2022 and 5/5/2022. The summoning orders dtd. 27/4/2022 and 5/5/2022 were passed in an application filed by the respondent under Sec. 12 of Guardians and Wards Act, 1890. Along with the application under Sec. 12 of Guardians and Wards Act, 1890, another application under Sec. 151 CPC for issuance of necessary orders or directions to produce the child in the Court and hand over the custody of the child was also filed. The matter was listed on 27/4/2022 and on that date an application under Sec. 12 of Guardians and Wards Act, 1890 was listed before the learned Principal Judge, Family Court, South Saket, New Delhi. Notice was issued to the respondent for 4/5/2022. On 4/5/2022, the respondent mother, i.e., the petitioner herein appeared and the matter was adjourned to 13/5/2022 for filing of reply in the application under Sec. 12 of Guardians and Wards Act, 1890. The respondent mother (petitioner herein) was also directed to produce the child on 13/5/2022. On 13/5/2022, the respondent mother (petitioner herein) stated that the child could not be produced as the child got late from school and the matter was adjourned to 28/5/2022.

(2.) Petitioner is aggrieved of the order passed by the learned Trial Court on two grounds. Firstly, the learned Principal Judge, Family Court, South Saket, New Delhi has no territorial jurisdiction as the child ordinarily resides in Dwarka. Secondly, the learned Principal Judge, Family Court should have restrained from passing the order for the physical production of the child in view of the earlier conduct of the father wherein in contravention of the settlement arrived at between the parties, father took the child out of NCR in Chandigarh for two days.

(3.) Plea of the respondent is that the issue as to the territorial jurisdiction being raised by the petitioner is actually false as the divorce between the parties was by mutual consent granted by the learned Principal Judge, Family Court, South Saket, New Delhi vide order dtd. 13/5/2022 and even thereafter the proceedings as to the custody of the child was also conducted by the learned Principal Judge, Family Court, South Saket, New Delhi and vide order dtd. 31/3/2022 though the custody was handed over to the mother but the learned Principal Judge, Family Court passed the order dtd. 31/3/2022, which reads as under:-