HUKAM CHAND KAMRA Vs. SHILPA

JUDGEMENT

(1.) THE petitioner, Hukam Chand Kamra (respondent before the learned trial Court) has challenged the order dated 30 th July, 2013 whereby the petitioner's application under Order VII Rule 11 CPC for rejection of the petition was dismissed.

(2.) THE fact of the matter is that: - (a) Smt.Shilpa, respondent herein has filed a petition for claiming of her minor child, namely, Master Tushar who is now residing in the custody of his grand -father, i.e. petitioner herein, in Bhiwani, Haryana. The marriage between Smt. Shilpa and Sh. Gulshan Kamra ­ son of (b) the petitioner, was solemnized on 22nd June, 2003 in Haryana. Out of the wedlock, the child Master Tushar was born on 23rd May, 2005. (c) When Master Tushar was at the age of one year and five months, the husband of the respondent had expired on 5th October, 2006 due to heart attack.

(3.) UPON service, the petitioner filed an application under Order VII Rule 11 CPC for rejection of the petition, mainly, on the reason that under Section 9(1) of the Guardian and Wards Act, 1890, the learned trial Court has no jurisdiction to try and entertain the petition, as the child ordinarily resides in Bhiwani, Haryana.