ACHARYA SHRI KUNDAN MAHARAJ Vs. INDRA

JUDGEMENT

(1.) This is an appeal under Section 19 of the Family Courts Act directed against the judgment dated 13-8-2003 dismissing the appellants application under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as "the Act of 1890") on the ground of lack of jurisdiction.

(2.) The appellants who are the grandfather and grandmother of the minor children named Rohit aged 6 years and Mohit aged 5 years filed an application under Section 25 of the Act of 1890 in the Family Court, Jodhpur for the custody of their grand children. Their son Purandass married to the first respondent Smt. Indra on 18-11-1994 at Jodhpur. Out of their wedlock, two sons whose custody is in question namely Rohit and Mohit were born. Unfortunately, Purandass died on 9-8-1999. On his death, his wife Smt. Indra was given an appointment on compassionate ground in Municipal Corporation, Jodhpur. After some time she got her services transferred to Municipal Corporation, Jaipur. She permanently left her matrimonial home at Jodhpur and settled at Jaipur. She has contracted a second marriage with second respondent Krishna Kumar. Out of second wedlock, she gave birth to a female child.

(3.) It is alleged that both children namely Rohit and Mohit are not treated well by the second husband of Smt. Indra. It was further stated that the appellants have sufficient energy and means to maintain their grand children. Thus, for the welfare of both the children, they sought their custody from the first and second respondent. In spite of notice, both the respondents did not appear before the Family Court. The first appellant examined himself as PW-1, Geeta as PW-2 and Jitendra Kumar as PW-3. The learned Judge of the Family Court found that Smt. Indra left Jodhpur on 24-7-2000 when she was transferred to Jaipur. At that time, the age of Rohit and Mohit must be 3 years and 2 years respectively. After the death of father, Mst. Indra being the mother is the natural guardian of both the children particularly after the death of her husband. Children are living with the mother since their birth. In the opinion of the Judge, Family Court, both the children are residing at Jaipur with their natural guardian and, as such, in view of the provisions of Section 9 of the Guardians and Wards Act it is only the Jaipur Court which has jurisdiction to entertain the application.