ANJU BALA Vs. VIPIN OBEROI

JUDGEMENT

(1.) THE mother of the minor, Smt. Anju Bala, has filed the present petition under Section 24 of the Code of Civil Procedure for transferring the petition filed by the father, Vipin Oberoi, under the provisions of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act') for the custody of the minor. The petition has been filed by the father, which is stated to be pending before the Civil Judge (Senior Division), Jagadhri.

(2.) SHRI Shiv Kumar, learned counsel appearing for the applicant-petitioner has relied upon the provisions of Section 9(1) of the Act to contend that, in fact, the Courts at Jagadhari did not have any jurisdiction, inasmuch as, admittedly the minor, namely, Master Vineet Oberoi, was living with the petitioner (mother) at Faridabad.

(3.) IT is not in dispute that minor Vineet Oberoi is presently residing with his mother, Anju Bala, at Faridabad.