DEVENDER SHARMA Vs. RENU SHARMA AND ANOTHER

JUDGEMENT

(1.) The present appeal has been preferred under Section 19 of the Family Courts Act, 1984, challenging order dated 10.10.2017 passed by the Family Court, returning the petition under Section 25 read with Section 7 of the Guardians and Wards Act, 1890, for the grant of custody of the minor child Anish @ Deepanshu @ Rishi from the custody of the parents of respondent No.1, the ex-wife of the appellant.

(2.) Brief facts, which are relevant for the decision of the appeal are that the appellant had initially filed a petition for the custody of the minor child born out of his wedlock with Renu Sharma respondent No.1 at Ambala against the parents of Renu Sharma. Later on, he filed an application under Order 1 Rule 10 CPC read with Section 151 CPC, for impleading respondent No.1 in the petition as 3 rd respondent being a necessary party.

(3.) During the course of proceedings at Ambala, Renu Sharma, respondent No.1, shifted the child to Patiala after the death of her father on 7.12.2016. She raised objections before the Court regarding the jurisdiction claiming that from the very beginning child would be deemed to be the ordinary resident of Patiala where she has been residing though for the time being for the sake of study, the child came to Ambala and resided with respondent, Smt. Kamla maternal grandmother of the child, like a child resides in hostel at different places for education purposes but ordinarily the child will be deemed to be residing in the custody of the parents.