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2008 Supreme(Raj) 678

DINESH MAHESHWARI
Sanjay Agarwal – Appellant
Versus
Krishna Agarwal – Respondent


Advocates:
Jai Kishan Bhaiya and Durga Ram Kawadia, for Petitioner; R. K. Gaur and O. P. Mishra, for Respondents.

Judgement

ORDER :- This revision petition is directed against the order dated 11-2-2008 as passed by the District Judge, Merta in the proceedings under the Guardians and Wards Act, 1890 ('the Act of 1890') rejecting an application moved by the petitioner-father under Order VII, Rule 11 of the Code of Civil Procedure and rejecting his contention that the Court at Merta has no jurisdiction to deal with the matter because the minor son of the parties, custody of whose person is in question, is living with his father at Jodhpur.

2. A brief reference to the background facts would suffice. The non-petitioner (hereinafter also referred to as 'the mother') has filed the aforesaid petition under Section 10 of the Act of 1890 stating the facts about her marriage with the petitioner (hereinafter also referred to as 'the father') on 3-6-2001 and out of this wedlock, the child master Durgesh having born on 28-9-2004. While stating various facts and incidents when she was compelled to leave or was forcibly removed from the matrimonial house and was harassed by the petitioner and his family, the mother has ultimately referred to the incidents of 17-6-2006 and 18-6-2006 when, according to her, the c
























































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