KAMAL MAINI Vs. NATASHA AND ORS.

JUDGEMENT

(1.) THE petitioner has applied under Section 25 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the Act of 1890') to the Guardian Judge, Ludhiana seeking a direction to the respondents to hand over custody of the minor child, namely; Vivan Maini, who was about 6 1/2 years old at the time of filing of the said petition. Respondent No. 1 is the wife of petitioner and respondents No. 2 and 3, the parents and respondent No. 4 is the brother of respondent No. 1.

(2.) THE respondents appeared and applied to the Guardian Judge under Section 9 (1) of the Act of 1890 for return of the petition on the ground of want of territorial jurisdiction. It was stated that petitioner and his family members turned out respondent No. 1 alongwith the minor child on 15.07.2014 by giving her severe beating as she was not able to meet the demand of Rs. 10 lacs. She had no shelter and thus came to her parents' house at Hoshiarpur with the minor child. The child was admitted in Toddlers Home Study Hall School, Hoshiarpur and presently residing with the mother at Hoshiarpur. Reply (Annexure P -4) to the said application was filed by the petitioner. The learned Guardian Judge vide order dated 08.09.2014 allowed the application of respondents and transferred the petition to District Court, Hoshiarpur where the parties were directed to appear on 30.09.2014 for receiving further orders.

(3.) I have heard learned senior counsel for the petitioner, learned counsel for the respondents and perused the paper -book.