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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Tanmoy Banerjee – Appellant
Versus
Shirine Banerjee – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. The petitioner has assailed the order no. 15 dated 12.10. 2023 passed in Misc. Case No.29 of 2022.
2. It is submitted on behalf of the petitioner that petitioner preferred an application under section 9 of the Guardian and Wards Act, before learned Additional District Judge, Fast Track Court III, Barrackpore, North 24 Parganas.
3. Opposite party/wife submitted that the opposite party/mother and the ward are resident at present at Bhubenewar and they are residing therein since first weeks of January, 2022 and the ward is presently studying in class VII of St. Xavier’s International High School at Patia Bhubeneswar.
4. Learned court below by the impugned order observed that mere factual residence at a place at the time of proceeding is not sufficient to confer jurisdiction of the expression “ordinarily resides” appearing in section 9(2). The jurisdiction would be under the District Judge where the minor ordinarily resides. Accordingly, he holds that since he never stayed with her mother at her parental house at Salkia, Howrah and that the child along with his mother is residing for a considerable period of time at Bhubeneswar, Orissa so his ordinary
Minor's 'ordinarily resides' jurisdiction determined by stable residence, not temporary placement; welfare of the child paramount.
Jurisdiction for custody petitions lies where the child ordinarily resides, not merely where parents are located; interpretation of relevant statutes must prioritize the child's actual living circums....
Territorial jurisdiction of Court – Minor may be in deemed custody of mother but for the purpose of determining jurisdiction, it is ordinary residence of minor that would be relevant.
The 'ordinary residence' of children determines jurisdiction in custody matters under the Act of 1890.
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
Ordinary residence of minors is determined by the settled abode of either parent, considering the child's welfare and educational needs.
Jurisdiction in custody matters is determined by the ordinary residence of minors, which must be established based on current living arrangements rather than historical context.
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