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THE HIGH COURT OF KARNATAKA
JAYANT BANERJI AND K. V. ARAVIND
SRI. N. P. RUDRESH – Appellant
Versus
SRI. UMASHANKAR – Respondent
JUDGMENT :
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
Heard learned counsel for the appellant and learned counsel for the respondents.
2. This appeal has been filed praying for the relief to set aside the order dated 01.09.2017 passed by the Principal Judge, Family Court at Tumakuru in G & WC No.18/2016. By means of the impugned order, the petitioners-respondents herein were declared as guardians of the minor child namely, Jaya Vibhav son of the respondent-appellant herein N.P.Rudresh and late Shivageetha. The respondent was restrained from removing the child from the custody of the petitioners, during his minority.
3. For the sake of convenience, the parties are being referred to by their descriptions appearing in the aforesaid G & WC case.
4. The contention of learned counsel for the respondent is that the impugned order is without jurisdiction inasmuch as it is not the Family Court at Tumakuru, but it was the competent Court at Nelamangala Taluk of Bengaluru Rural District that would have jurisdiction in the matter. It is stated that the ordinary place of residence of the minor child was in Nelamangala Taluk and therefore, the Court of Tumakuru would have no jurisdiction. In support o
The Family Court's decision prioritizes the child's welfare over a father's custody rights due to serious criminal charges against him, validating the placement of the child with maternal grandparent....
Jurisdiction for custody of a minor must be determined by the child's ordinary residence, as per Section 9 of the Guardians and Wards Act, 1890.
A party cannot introduce evidence on matters not pleaded, and the High Court will not interfere unless there is grave dereliction of duty or flagrant abuse of power.
The jurisdiction for custody applications under the Guardians & Wards Act is determined by the child's ordinary residence, necessitating a factual inquiry rather than reliance on past residence.
The Family Court's discretion to allow legal representation is conditional upon compliance with prior court orders regarding child custody.
The paramount interest of the child and the welfare of the child are the central legal principles established in the judgment.
The custody applications are governed by the principle of 'ordinary residence'; mothers are deemed natural guardians of their minor children under five, irrespective of actual custody.
Legal representation in Family Court is not an entitlement; it requires compliance with court orders, particularly regarding child custody matters.
Custody and guardianship of children – Comfort of child, contentment, health, education, intellectual development and moral as well as ethical values will have to be considered by Court.
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