AKSHAY GUPTA Vs. DIVYA

JUDGEMENT

(1.) Before this Court are parents of their minor daughter "Kyna", currently aged 6 years, litigating over her custody, having separated from each other sometime in October, 2017.

(2.) The marriage between parties took place on 19/11/2013. Out of wedlock, they were blessed with a daughter on 8/12/2014. Unfortunately their marriage fell on the rocks and under acrimonious circumstances, the respondent-wife moved to her parental house. Though it is alleged by her that she was thrown out of her matrimonial home during the night of 19/10/2017. The case of respondent-wife is that the minor daughter at the time of separation was in her physical custody. Minor was later admitted in Shemrock School, Panipat on 1/11/2017. Mother alleges that on 19/1/2018, daughter Kyna was taken by her father/ petitioner and his family in a deceitful manner from the answering respondent, stating that the grand parents wanted to be with their granddaughter for few days. Instead, the custody of minor daughter was never handed back to the mother thereafter. Several meetings and Panchayats were convened but the custody was not restored. On the other hand, allegation of the petitioner/husband is that the respondent-wife has willfully abandoned her matrimonial home and even the custody of minor child has been willfully handed over to the petitioner/father.

(3.) Be that as it may, aforesaid allegations/counter allegations are not very relevant for the purpose of adjudication qua the issue raised in instant proceedings. The short controversy herein is whether the Family Court at Panipat has the territorial jurisdiction to entertain the petition instituted by the mother/ respondent to seek the custody of her daughter.