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2006 Supreme(Bom) 484

D.D.SINHA
VIMALASHRAM GHARKUL OF AMPRAPALI UTKARSHASANGH, NAGPUR – Appellant
Versus
JYOTI BANSON JOSEPH – Respondent


ORAL JUDGMENT : - Heard Mr. D. K. Dubey, learned counsel for the Applicant. Counsel for the Respondent absent.

2. The civil revision application is directed against the order dated 11 - 2 2002 passed by the 6th Additional Sessions Judge, Nagpur, whereby application of the applicant under Order 7, Rule 11 is rejected.

3. Mr. Dubey, learned counsel for the applicant has submitted that the non applicant (mother) has filed an application for custody of minor children und section 25 of the Guardians and Wards Act, 1890. The applicant filed application for rejection of the said application filed by non - applicant und section 25 of the Guardians and Wards Act, 1890, on the ground that the District Judge does not have jurisdiction to entertain the said application in view of provisions of section 7 of the Family Courts Act, 1984.

4. The learned counsel for the applicant has contended that a suit proceedings in relation to the guardianship of a person or custody of or access t any minor are required to be initiated in the Family Court in view of the provisions of section 7(1)(g) of the Family Courts Act, 1984 after the said Ac came into force and the application under section 25 of



































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