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SUJIT NARAYAN PRASAD
Jyoti Tiwary, D/o. Shri S. N. Tiwary – Appellant
Versus
Subhash Kumar Singh, S/o. Late Jagnarayan Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
Prayer
1. This petition under Article 227 of the Constitution of India is directed against the order dated 10.04.2024 passed by the Addl. Principal Judge, Addl. Family Court-II, Ranchi, by which, the petition filed by the respondent, (petitioner herein) under Order 7 Rule 11 of the CPC and Section 9 of Guardians and Wards Act, has been rejected.
Facts
2. The brief facts of the case, as per the pleading made in the petition, required to be enumerated, which reads as under:-
3. It is the case that the marriage between the petitioner wife and the respondent husband was solemnized according to the Hindu Rites and Ceremonies on 10.11.2006 at Delhi. Out of this wedlock, one male child namely Aayan Pratap Singh was born on 16.07.2009. After marriage, they lived together almost for ten years. The petitioner was subjected to cruelty physically/mentally and thereafter in February, 2017 by playing deceit, shifted with the petitioner wife along with the minor son in a rented accommodation in East Delhi and admitted the minor son in a School. Thereafter, after sending the petitioner out for an interview, the respondent with the help of his sister and brothers t
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 in custody matters is determined by the ordinary residence of minors, which must be established based on current living arrangements rather than historical context.
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.
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.
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
Jurisdiction under the Guardians and Wards Act is determined by the minor’s ordinary residence, requiring factual examination, and cannot be resolved solely on procedural grounds.
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....
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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