AMARCHAND Vs. PAPITA

JUDGEMENT

(1.) The appellant-father seeks quashing of the judgment/decree dtd. 22/1/2026 passed by the learned Family Court, whereby his petition under Ss. 10 & 25 of the Guardians and Wards Act for custody of the minor child was returned without being decided on merits for lack of territorial jurisdiction.

(2.) Brief facts of the case are that the appellant instituted a petition under Ss. 10 and 25 of the Guardians and Wards Act, 1890 before the Learned Family Court No. 1, Bikaner on 30/4/2024, seeking guardianship and custody of the minor children. The marriage between the appellant and the respondent was solemnized on 30/10/2009 at Malsisar, Tehsil Sujangarh, District Churu, after which the parties resided together in Bikaner. Out of the wedlock, two children were born i.e. a daughter, Bhavana (born on 16/2/2012), and a son, Pankaj, born approximately one and a half years thereafter.

(3.) Hence, the instant appeal.