MUKHTAR AHMED BHAT Vs. NIGHAT PARVEEN

JUDGEMENT

(1.) ORDINARY residence of the minor so as to confer jurisdiction under the Guardian and Wards Act (for short the Act) is the core question to be addressed for which precise factual background is to be noticed.

(2.) PARTIES were married to each other from the wedlock one child Zahid Ahmed Lone has born. Marital relationship came to an end due to divorce regarding which an agreement is admitted to have been drawn and signed by the parties. Pursuant to the agreement, ward has to remain under the care and custody of mother till he attains age of 8 years. It further stipulates that, if father wishes, he can take the minor to his house once in a month. Ward has been taken by the petitioner (father) who retained his custody and is alleged to have admitted him in the School at Anantnag. Petitioner (father) is the resident of Anantnag whereas, the respondent (mother) is the resident of District Pulwama, When the ward remained with the father, respondent filed petition under Section 25 and also an application under Section 12 of the Act before the court of District Judge, Pulwama.

(3.) THE petition has been resisted by the petitioner (non -applicant therein) on two counts first that the court has no jurisdiction to entertain the petition, second that the petition is not maintainable as having not been framed in accordance with section 10 (2) & (3) of the Act. Learned District Judge has decided both these issues in favour of the respondent (applicant therein). Aggrieved thereof instant revision petition has been filed.