LAWS(UTN)-2022-9-80

ABHISHEK RAJPUT Vs. POOJA RAJPUT

Decided On September 01, 2022
Abhishek Rajput Appellant
V/S
Pooja Rajput Respondents

JUDGEMENT

(1.) Considering that the delay is only 26 days, we condone the same. Delay condonation application is, accordingly, allowed.

(2.) The present appeal is directed against the order dtd. 25/4/2022, passed by the Family Court, Kashipur, District Udham Singh Nagar, in Family Case No. 14 of 2020.

(3.) By the impugned order, the Family Court has dismissed the petition preferred by the appellant-father under Sec. 25 of the Guardians and Wards Act, 1890, in respect of his minor son Kunj Rajpur. The said petition has been dismissed on the ground of jurisdiction by the Family Court in the light of the uncontroverted assertions of the respondent-mother of the child, that she had shifted to Mohali, and was carrying on her job through the on-line process, and that her minor son had been admitted to a school in Mohali. She has also provided her address at Mohali, which was also the address mentioned by the appellant-father in his petition, thereby acknowledging that the respondents were residing at Mohali at the relevant point of time.