NITESH AGRAWAL Vs. SMT. ARTI AGRAWAAL

JUDGEMENT

(1.) The order dated 29/08/2017 passed by the learned II Additional Principal Judge, Family Court, Indore in Case No. 69/2017 has been called in question by way of present Misc. Appeal, whereby the Court below has returned back the application filed under Section 12 of the Guardian and Wards Act, 1890 to the appellant to file before the competent court of jurisdiction on the ground that this Court is not having territorial jurisdiction to try the matter.

(2.) Briefly stated facts of the case are that the marriage of the appellant and respondent was solemnized on 07/02/2006 as per Hindu rituals and customs. From the wedlock two sons were born namely Darsh Agrawal and Mihit Agrawal and at present they are aged about nine years and three years respectively. On 01/02/2016, a major dispute was arose between the appellant and the respondent. The respondent called her brother and on 02/02/2016, she left the house of the appellant. She had also taken both the sons without getting any permission from the appellant. Thereafter, on 22/06/2017, the appellant had filed an application under Section 12 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the Act') at Family Court, Indore for obtaining the custody of his minor children. After receiving the notice respondent is t appeared in the matter and she had filed an application under Section 9 of the Act on the ground that both the sons are not residing within the territorial jurisdiction at Family Court, Indore and they are living with her at Kota, therefore, the Family Court, Indore has no territorial jurisdiction to deal with the matter. The appellant opposed the application by contending that both the children are residing at Indore, therefore, this Court has jurisdiction to deal with the matter.

(3.) The trial Court vide order dated 29/08/2017, interalia held that both the sons of the appellant are residing with her mother at Kota since 02/02/2016, thus, the Court has no jurisdiction to tried the matter and returned back the application to the appellant to file before competent Court of the jurisdiction.