PRADEEP Vs. MAMTA

JUDGEMENT

(1.) Petitioner had brought the child to Court, pursuant to the directions given on 7th January, 2004. The child has met the respondent-mother. On enquiring from the parties, I find that at present there is no possibility of reconciliation. With the consent of parties, writ petition is taken up for disposal.

(2.) Petitioner-husband has filed this petition assailng the order dated 18.11.2003 passed by the Guardian Judge in G.No.241/2003. By the said order, the Guardian Judge had directed issuance of production warrants to be executed by the SHO, Pappan Kalan, Uttam Nagar, Delhi with a direction to petitioner-husband to produce the minor child in Court. The learned Guardian Judge was of the opinion that as per Section 9 of the Guardian & Wards Act, 1890, the jurisdiction under Section 9(1) of the Act is of the Court where the minor ordinarily resides.

(3.) The learned Guardian Judge has proceeded on the basis that the child was living in Delhi with respondent but the petitioner and his brother had forcibly taken away the child during a court hearing.