J. BEULA SIMA SARAL Vs. W ISSAC ROBINSON

JUDGEMENT

(1.) Where the minor ordinarily resides is the jurisdiction contemplated under Section 9 of the Guardians and Wards Act, 1890. Section 9 reads as under:-

(2.) The petition filed under Sections 7, 9 and 17 of the Guardian and Wards Act, 1890 is by the mother of the minor child Jafferson Peter Robinson aged 11 years born on 09.09.2006 between the petitioner and the respondent. The relief sought for by the petitioner is to declare the petitioner as the natural guardian of the minor son and to hand over the personal custody of the minor to the petitioner. This petition has been returned by the Family Court on the ground that it lacks territorial jurisdiction to entertain the petition. Challenging the same, this revision petition has been filed.

(3.) The learned counsel for the petitioner would state that in Column (v)(a), of the original petition, the petitioner has mentioned the ordinary place of the ward at No.3/29, Alagar Konam, Kanniyakumari Village, Nagercoil, Agasteeswaram Taluk, Kanyakumari District. In the cause of action paragraph also it is stated as the minor child has been taken away by the respondent by the petitioner. In paragraph 11 of the original petition, it is stated as the respondent left India during the year 2014 along with the petitioner and two children thereby impliedly saying that they had been residing in India till 2014.