AMIT ANGRA Vs. KANCHAN

JUDGEMENT

(1.) PARTIES to the appeal got married on 1.5.2001. From this wedlock, twins, namely, Hardik alias Hari Om and Harshit alias Shiva were born on 31.12.2001. The matrimonial ties between the parties, however, worsened, resulting in the respondent getting a criminal case initiated against the appellant and his family members under Sections 406 and 498A I.P.C. From 18.8.2006, the respondent started living at her parental house at Jalandhar along with one of her minor son Hardik alias Hari Om while the appellant continued to live with his other minor son Harshit alias Shiva at Hoshiarpur.

(2.) THE appellant filed a petition under the Guardian and Wards Act, hereinafter referred to as 'the Act', at Hoshiarpur so as to obtain the custody of his minor son Hardik alias Hari Om, who, according to him, was removed by the respondent from his custody in an unlawful and illegal manner. The petition was opposed by the respondent by pleading that the Guardian Judge at Hoshiarpur had no jurisdiction to try and decide the same as she along with her minor son Hardik alias Hari Om was ordinarily residing at Jalandhar.

(3.) AN application was thereafter move by the respondent for treating and deciding issue No.2 as a preliminary one. This application was opposed by the appellant. After hearing learned counsel for the parties, learned Guardian Judge, Hoshiarpur came to a conclusion that the Civil Court at Hoshiarpur had no jurisdiction as the ordinary place of residence of the minor in question was Jalandhar where he was residing at that time with his mother and, therefore, the Guardian Judge, Jalandhar had the jurisdiction to try and entertain the petition. Accordingly, the petition was ordered to be returned to the appellant for presenting it before the Court of competent jurisdiction. Aggrieved of the same, the appellant has filed the present appeal under Section 47 of the Act.