MANMOHAN SURI Vs. SUNIL KUMAR ARORA

JUDGEMENT

(1.) This appeal is directed against the judgment of the Guardian Judge in Guardianship Petition No.191/2003, whereby the learned Judge vide its judgment and order dated 9th August, 2004, has declined to entertain the petition on the ground that he has no territorial jurisdiction to deal with the matter since the minor lives beyond his jurisdiction, namely, in Ludhiana.

(2.) The facts of the case, as has been noted, by the Guardian Judge, are as under :

(3.) It is further stated that infant child was given to his "Tai" (paternal aunt) named Smt.Sapna for breast feeding in the presence of entire biradri. Despite the promise to remain in Delhi, said aunty left for Punjab immediately. Thereafter, petitioners went to Ludhiana to meet the child and also to have the custody of the child in May, 2002, July, 2002 and September, 2002, but to no avail. It is stated that despite assurance, the child has not been handed over back to the petitioners and behaviour of the respondents have also not been cooperative. Thereafter, in July, 2003 respondents flatly refused to hand over the child to the petitioners who are the lawful guardian. It is stated that natural father of the child has never taken care of the child and never paid any attention to the child and instead, contemplating to get married again. It is further alleged that the child would not be properly brought up in the custody of the respondents and further, it is stressed that petitioners are the appropriate persons to have the custody of the minor child.