JUDGMENT :

Sophy Thomas, J.

This appeal is directed against the order in I.A. No.5 of 2021 in O.P. No.186 of 2021 on the file of Family Court, Muvattupuzha.

2. The dispute in O.P. No.186 of 2021 is regarding the guardianship and custody of the minor child born in the lawful wedlock of the petitioner and the respondent. The wife filed the above O.P. to declare her as the legal guardian of her minor son Izaan Munawar and to direct the husband to restore custody of the child with her.

3. The husband filed I.A. No.5 of 2021, challenging the jurisdiction of the Family Court, Muvattupuzha. According to him, as per Section 9(1) of the Guardian & Wards Act, 1890, a petition with respect to the guardianship of the person of the minor shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. He contended that the minor ordinarily resides at Kasaragod within the jurisdiction of Family Court, Kasaragod and so, the Family Court, Muvattupuzha is not competent to entertain that O.P.

4. The wife opposed that petition contending that, their relationship became strained due to the illicit relationship of the husband, and they decided to divorce their marriag