RAJAT BHATIA Vs. ROLI BHATIA

JUDGEMENT

(1.) APPELLANT has filed present appeal against order dated 9th October, 2009 passed by Guardian Judge, vide which it held that it has no territorial jurisdiction to entertain and try the petition.

(2.) APPELLANT filed petition under Section17 and 25 read with Section 6 of the Guardians and Wards Act, 1890 (for short as "Act ") for grant of custody of minor children. In that petition, respondent filed an application under Order 7 Rule 11 of the Code of Civil Procedure read with Section 9 of the Act, praying for dismissal of the petition for want of territorial jurisdiction.

(3.) IN the written statement it is stated by respondent that she and her minor sons were thrown out of the matrimonial home and were rendered homeless. Thus they were forced by the circumstances to leave Delhi permanently and to shift to Hyderabad on 6th January, 2008 and seek refuge in the house of her parents. Since children are living in Hyderabad along with respondent and maternal grandparents, Delhi Court had no jurisdiction.