AKHILESH Vs. KAVITA

JUDGEMENT

(1.) By this revision preferred under Sec. 115 of CPC the petitioners/non-applicants have challenged the order dtd. 30/10/2021 passed in MJC No.5/2021 by Iind Additional District Judge, Mahidpur, District-Ujjain whereby their application under Order 7 Rule 11 of CPC for rejection of the petition filed by the respondent/applicant under Sec. 7/25 of the Guardians and Wards Act, 1890 (which shall be referred herein after as "the Act, 1890") has been rejected.

(2.) The respondent/applicant has filed an application under Sec. 7/25 of the Act, 1956 before the Court below against the petitioners/non-applicants seeking custody of her minor child i.e. non-applicant No.2 namely Aditya Anjana. She has submitted that she and non-applicant No.1 were married on 30/01/2013. Out of their wedlock non-applicant No.2 was born who is presently aged 3 years and is living with non-applicant No.1. On disputes arising between them, on 02/03/2020 non-applicant No.1 asked the applicant to leave the matrimonial home and custody of non-applicant No.2 was refused to be handed over to her. Since the applicant refused to leave, non-applicant No.1 took her in a four wheeler and left her at her parents place and snatched non-applicant No.2 from her who has ever since been residing with him.

(3.) In her application the applicant has stated that since she is residing at Mahindpur, District-Ujjain the Court at Mahindpur has territorial jurisdiction to entertain the application. Upon service of summons upon them the non-applicants entered appearance and filed an application under Order 7 Rule 11 of CPC for rejection of the application under Sec. 7/25 of the Act, 1956 on the ground that Court at Mahidpur, District-Ujjain has no territorial jurisdiction to entertain the same.