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2007 Supreme(Raj) 1422

R.C.GANDHI
Wazid Ali – Appellant
Versus
Rubina Bano – Respondent


Advocates:
R. K. Agarwal, for Petitioner; V. S. Badhwar, for Respondent.

Judgement

1. ORDER :- This Revision Petition has been preferred against the order dated 9-2-2007 passed in an Application No. 203/2006, by the District and Sessions Judge, Jhunjhunu (hereinafter referred as 'the Trial Court'), whereby application filed by the petitioner under Section 10 of the Guardians and Wards Act, 1890 (hereinafter referred as 'the Act of 1890') has been dismissed observing that the Trial Court has no jurisdiction to entertain the application.

2. The revision petition has been preferred against the impugned order on the ground that the Trial Court has not properly appreciated the facts and the law and came to erroneous conclusions observing that the Trial Court has no jurisdiction whereas it is asserted that the Trial Court has the jurisdiction as the child was ordinarily residing within the jurisdiction of the Trial Court and seeks to set aside the impugned order.

3. Heard learned counsel for the parties and perused the record.

4. Wazid Ali, petitioner and Smt. Rubina Bano, respondent No. 1 contracted marriage on 26-10-1998. They resided at their matrimonial house at Jhunjhunu. A child, Ayyanali was born out of the wedlock on 14-6-2003. Some misunderstanding devel







































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