LAWS(GJH)-2008-8-58

SHAKILABIBI Vs. IQBALKHAN NOORILAHI PATHAN

Decided On August 26, 2008
SHAKILABIBI SAYEED IBRAHIM MAKRANI Appellant
V/S
IQBALKHAN NOORILAHI PATHAN Respondents

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioner ?" original opponent has prayed for appropriate writ, order and/or directions, for quashing and setting aside the order dtd. 31/3/2008 passed by the learned District Judge, Dahod in Guardian Application No. 64 of 2005.

(2.) MR. M. A. Kharadi, learned advocate appearing on behalf of the petitioner has vehemently submitted that even as per the original applicant ?" respondent herein, the minor whose custody was sought is residing at Jhabua, Madhya Pradesh and therefore, considering sec. 9 of the Gurdian and Wards Act, 1890, the proceedings would be maintainable before the court having territorial jurisdiction where the ward is residing. Considering the above, it is submitted that the order passed by the District Court, Dahod would be without jurisdiction and therefore, the same deserves to be quashed and set aside.

(3.) MR. SATTA, learned advocate appearing on behalf of the original applicant ?" respondent herein has submitted that in fact originally the ward was residing at Jhalod within the territorial jurisdiction of District Dahod, however, subsequently, he has shifted to Jhabua, Madhya Pradesh and therefore, it cannot be said that District Court, Dahod would not have any jurisdiction.