SONALBEN DEEPAKBHAI THAKKAR Vs. MAHESHKUMAR DHIRAJLAL KANABAR

JUDGEMENT

(1.) PRESENT application is filed by the applicant under Section 24 of the Code of Civil Procedure, to transfer Misc. Application No. 49 of 2007 filed by the opponent No. 1 herein pending in the Court of learned Joint District Judge, Veraval to the Family Court at Ahmedabad.

(2.) RESPONDENT herein had instituted Misc. Application No. 49 of 2007 in the Court of learned Joint District Judge, Veraval against the petitioner under Section 25 of the Guardians and Wards Act, 1890 for getting the custody of minor son ?sjash??. The respondent No. 1 herein-original applicant is the grand-father and has prayed for the custody of his grand-son ?sjash?? son of Vipulbhai Maheshbhai Kanabar by submitting that the applicant herein-mother has remarried and therefore prayed for custody of the said child. The present application has been filed by the applicant herein under Section 24 of the CPC, to transfer the said proceedings to the Family Court at Ahmedabad submitting that the applicant is residing at Ahmedabad. It is also submitted that, as such, the Court at Veraval would not have any jurisdiction as the minor son ?sjash?? is residing at Ahmedabad, and as per Section 9 of the Guardians and Wards Act, only that Court would have jurisdiction to entertain the application where the minor ordinarily resides and therefore it is requested to allow the present application.

(3.) SHRI Ashish Dagli, learned advocate appearing on behalf of the respondents-original applicants is not in a position to dispute the submission made on behalf of the applicant based upon Section 9 of the Guardians and Wards Act. It is also not disputing that the minor child ?sjash?? residing at Ahmedabad. Considering the above, when the minor, whose custody is sought is residing at Ahmedabad, the Court at Veraval would not have any jurisdiction to entertain the application for custody of said child and the Family Court at Ahmedabad would have jurisdiction to consider the dispute with respect to the custody of minor child who is residing at Ahmedabad. Under the circumstances, the present application deserves to be allowed and the proceedings pending in the Court at Veraval are required to be transferred to Family Court at Ahmedabad.