REEGAN JAYAKUMAR Vs. SHAMI SHAHUL

JUDGEMENT

(1.) This original petition is filed under Article 227 of the Constitution of India by the husband of one Shami Shahul seeking a direction to call for the entire records leading to Exhibit P1 and direct the Family Court, Ernakulam to return Exhibit P1 O.P. (Guardian) No. 2007/2014 as it has no territorial jurisdiction to entertain the same and grant such other reliefs, which are just and necessary in the interest of justice. The respondent wife filed O.P. No. 2007/2014 before Family Court, Ernakulam for permanent custody of the children under Section 28 of the Guardian and Wards Act, 1890.

(2.) The petitioner here is the father of minor Rishika aged 4 years, who is a permanent resident of Tamil Nadu and now working at Pune, the respondent is his wife who was born and brought up in Chennai and now residing at Ernakulam from 2012 onwards. Petitioner's marriage with the respondent was registered at Bangalore and thereafter, they resided together there till 2011. In the wedlock, two female children were born to them, but on an understanding between them in the year 2011, the petitioner resided along with the younger daughter, Rishika aged 4 years and respondent resided along with the elder daughter, Reesha, aged 6 years separately. The respondent wife filed O.P. No. 2007/2014 before Family Court, Ernakulam for permanent custody of the children under Section 28 of the Guardian and Wards Act, 1890, in which she filed another petition for interim custody of the child. The father of the petitioner, who received notice, appeared before court through counsel and contended that the Family Court, Ernakulam does not have any territorial jurisdiction to entertain Ext. P1 petition. Hence this petition.

(3.) Section 9 of the Guardians and Wards Act reads as follows: