MUKESH Vs. MEENA @ BHAWANA

JUDGEMENT

(1.) This miscellaneous appeal is directed against order dated 4.6.09 passed by the Family Court,Jodhpur in Case No. 9/08 , whereby an application preferred by the appellant u/s 25 of the Guardianship & Wards Act, 1890( in short the Act of 1890 hereinafter) has been ordered to be returned for want of jurisdiction.

(2.) The appellant entered into marriage with the respondent on 29.5.2001. Out of the wedlock , they have two sons namely, Sanni and Hitesh. A matrimonial dispute between the parties resulted in a consent decree of divorce . The custody of the children remained with the respondent who had taken them from Jodhpur to Hanumangarh , where she is staying with her parents .

(3.) The appellant preferred an application u/s 25 of the Act of 1890 for the custody of the children before the Family Court,Jodhpur. However, the respondent had already preferred an application before District Judge, Hanumangarh for appointing her guardian of the children. In this view of the matter, an application u/s 10 of CPC was filed on behalf of the respondent before the Family Court,Jodhpur for stay of the proceedings instituted on the application of the appellant. It was inter alia contended on behalf of the respondent before the Family Court that the minor children of the parties are ordinarily residing at Hanumangarh and presently, they are studying at Jaipur therefore, in view of provisions of Section 9, the Family Court,Jodhpur has no jurisdiction to entertain the application preferred by the appellant.