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1999 Supreme(Bom) 360

F.I.REBELLO
Asra Shakeel – Appellant
Versus
Shakeel Suleman – Respondent


JUDGMENT - F.I. REBELLO, J.:---The respondent at the hearing of the petition has raised a preliminary objection that this Court has no jurisdiction to grant any relief as no part of the cause of action has arisen within the territorial jurisdiction of this Court. It is, therefore, contended that the petition which is filed invoking Clause 17 of the Letters Patent of this Court read with section 3 of the Guardians Wards Act, 1890 is not maintainable.

2. Brief narration of facts may be necessary to decide the controversy.

The petitioner married respondent on 24th January, 1987. Out of this wedlock a son named as Faraz was born on 22nd October, 1987. On 3rd November, 1998 the petitioner left Madurai taking along with her the minor son Faraz who was then schooling at Vikasa School at Madurai in Standard VI. The petitioner while leaving left a note. Only the material part of the note in so far as the present issue is concerned will be referred to. The sum and substance in the note is that the petitioner informed the respondent that she is leaving the matrimonial home. On 27th November, 1998 the petitioner and minor son arrived at Hyderabad. In January, 1999 petitioner arrived at Mumba































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