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BIREN VAISHNAV, MAULIK J. SHELAT
Amit Dhansing Jagtap – Appellant
Versus
Chandrashekhar Uttamrao Shinde – Respondent
JUDGMENT :
(Biren Vaishnav, J.)
1 Heard the learned counsels appearing for the respective parties. With consent of the learned advocates appearing for the respective parties, the First Appeal No. 1268 of 2023 is taken up for final hearing today.
2 Admit. Both the learned counsels for the respective parties waive service of notice of admission.
3 First Appeal No. 1268 of 2023 has been filed by the appellant, Amit Dhansing Jagtap & Anr, wherein, challenge is to the order dated 11.10.2022 passed by the Principal Judge, Family Court, Navsari, in Exh.14 preferred by the appellants in Civil Miscellaneous Application No. 12 of 2022. The Exh.14 application of the appellants questioning the jurisdiction of the Navsari Court was rejected. Civil Miscellaneous Application No. 12 of 2022 was filed by the appellant of First Appeal No. 4464 of 2023 praying for custody of minor child Varad before the Navsari Court. In the custody application, since the Family Court by its order dated 12.06.2023 did not give custody of the child to the father, hence First Appeal No. 4464 of 2023, is filed by the father challenging the order refusing the interim custody.
4. We have heard First Appeal No. 1268 of 2023
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.
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.
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.
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....
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
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.
Custody of minor child - Nomenclature of the petition under a particular provision does not effect the jurisdiction of the court, if the court has the power to exercise the jurisdiction by applying t....
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