ROBINA KAUSHIK Vs. SHIKHER GOEL

JUDGEMENT

(1.) This appeal is directed against the order dtd. 20/7/2017, by which an application filed by the appellant under Order 7, Rule 10 CPC for returning the plaint for want of territorial jurisdiction in terms of Sec. 9 of the Guardian and Wards Act, 1890 (hereinafter referred to as the "Act") has been dismissed.

(2.) Respondent no. 1 is the father and respondent no. 2 is the paternal grandmother of a minor girl who have filed a petition under Ss. 7, 8, 9 and 25 of the Act for appointing them as guardian of the minor female child, namely, Tara and also for granting them her custody. In the said petition, the appellant had filed an application under Order 7, Rule 10 CPC for returning of the plaint for want of territorial jurisdiction in terms of Sec. 9 of the Act. The said application has been dismissed by the trial Court and, thus, the present appeal has been filed.

(3.) In brief, marriage of the appellant with respondent no. 1 was solemnized on 4/2/2014 at Faridabad and, thereafter, they started living at House No. 1000, Sector 7C, Faridabad. They were blessed with a girl child, namely, Tara who was born on 29/1/2016 at Faridabad. Respondent no. 1 was doing job in Qatar Airlines and on 17/5/2016, the appellant along with girl child Tara went to Qatar but when she came back to India on 12/6/2016, she went to her paternal home at House No. 214, Sector-9, Faridabad. Respondent no. 1 along with his mother filed a petition under Ss. 7, 8, 9 and 25 of the Act for seeking guardianship and custody of the minor child, in which the appellant had filed an application under Order 7, Rule 10 CPC read with Sec. 9 of the Act for returning the plaint for want of territorial jurisdiction on the ground that the minor child was already residing at Flat No. 6111/3, D Block, Vasant Kunj, New Delhi before filing of the petition. It is pleaded that she had filed application under the provisions of the Protection of Women from Domestic Violence Act, 2005 at New Delhi, in which the respondents had appeared. The appellant had also alleged that FIR No. 649/16, under Ss. 498A/406/34 IPC was also got registered by her at Police Station Vasant Kunj, New Delhi. Counsel for respondents no. 1 and 2, namely, Virender Singh had sent a legal notice at her address of New Delhi and, thus, for all intents and purposes, the appellant and her minor daughter are residing at New Delhi and, therefore, the Court at Faridabad has no jurisdiction to try and decide the instant petition.