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DELHI HIGH COURT
DINESH KUMAR SHARMA
Anit Kumar @ Anit Singh – Appellant
Versus
Pooja – Respondent
| Table of Content |
|---|
| 1. filing jurisdiction challenge presented. (Para 1) |
| 2. arguments regarding territorial jurisdiction. (Para 2 , 3) |
| 3. court's observations on jurisdiction and interim custody. (Para 4 , 5 , 6) |
| 4. conclusion and order issued. (Para 7 , 8) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed challenging the order dated 07.04.2022.
2. Learned counsel for the petitioner submits that admittedly the child is ordinarily a resident of Muzzafar Nagar and therefore in view of Section 9(1) of the Guardian & Wards Act, 1890, the Court of Muzzafar Nagar shall have the jurisdiction to entertain the petition.
3. Learned counsel for the respondent has opposed the same and has relied upon the judgment of the Supreme Court in the case titled Ruchi Majoo vs. Sanjeev Majoo, (2011) 6 SCC 479.
4. The Relevant para of the impugned order dated 07.04.2022 reads as under:
"If this court does not have territorial jurisdiction, the petition cannot be rejected under Order Vll Rule 11 CPC. lf this court does not have territorial jurisdiction, the petition will have to be returned for filing before the court having territorial jurisdiction. The child is about 3 years old now
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