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.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the Family Court Act, 1984 is directed against the order/judgment dated 17.01.2024 passed by the learned Additional Principal Judge, Additional Family Court-I, Ranchi in Original Suit No. 308 of 2022, whereby and whereunder, the issue of jurisdiction raised by way of preliminary objection by the appellant has been rejected holding the jurisdiction of the case to be of the Ranchi Family Court.

2. The brief facts of the case as per the pleading made in the instant appeal needs to be referred herein as under:

The respondent has filed Original (Guardian) Suit No. 308 of2022 against the appellant under Section 7 and 25 of the Guardian and Wards Act, 1890 with a prayer for getting the custody of her grandchildren, namely, Shaanvi and Anmay.

The said original suit was filed by the respondent on the ground that she is the maternal grandmother (Naani) of both the children who were born out of the wedlock of the present appellant and her deceased daughter (wife of the appellant), who died on 17.05.2021 due to COVID- 19. Before the death of the daughter of the respondent, deceased daughter of the respondent and her grandchildren were residing in Ranchi and on 08.11.2021, the present appellant had taken both the children and maid from their house for consulting them to a doctor and thereafter, after dropping the maid in Bariatu, has taken both the children with him to Bihar Sharif, Nalanda.

The present appellant appeared in the aforesaid original suit after getting notice and filed his written statement on 19.05.2023 raising the issue of jurisdiction in entertaining the present suit by the learned Family Judge, Ranchi as also raised the issue of maintainability of the suit against him stating that the appellant being the father of the children, he is the natural guardian of the children. The appellant is a native of Bihar Sharif, Nalanda and children are living with the appellant at his native place, i.e., Bihar Sharif, Nalanda with his family.

On 19.05.2023, the appellant filed a separate preliminary objection on the jurisdiction and maintainability of the original suit No. 308 of 2022 and during the course of argument, the appellant filed some documents relating to his children, i.e., Admission Form, Aadhar Card and Aadhar Enrolment Form. Thereafter, the respondent filed rejoinder on 26.06.2023 stating therein that since the appellant and children along with the deceased mother were residing at Ranchi before 08.11.2021, as such, the learned Family Court, Ranchi is having the jurisdiction to entertain the original suit.

The learned Family Court, Ranchi, in course thereof, has dismissed the preliminary objection dated 19.05.2023 on 17.01.2024 filed by the appellant, against which the present appeal has been preferred.

3. It is evident from the factual aspect as referred hereinabove which led to filing of the present appeal that the respondent has filed Original (Guardian) Suit No. 308 of 2022 against the appellant with a prayer for getting the custody of her grandchildren, namely, Shaanvi and Anmay on the ground that she is the maternal grandmother (Naani) of both the children who were born in Ranchi. In the year 2021, the daughter of the respondent had died due to COVID-19 pandemic and thereafter, the appellant took away the children along with him to his native place, i.e., Bihar Sharif, Nalanda.

4. Thereafter, the present appellant appeared in the aforesaid original suit and filed his written statement raising the issue of jurisdiction in entertaining the present suit by the Family Judge, Ranchi as also raised the issue of maintainability of the suit against him stating that the appellant being the father of the children, is the natural guardian of the children.

On 19.05.2023, the appellant filed a separate preliminary objection on the jurisdiction and maintainability of the original suit No. 308 of 2022 appending therein documents relating to his children, i.e., Adm