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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
Amit Kumar Sinha – Appellant
Versus
Indu Bala Devi, w/o Sri Sudhir Kumar – Respondent
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 gr
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.
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....
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
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 Guardians & Wards Act is determined by the child's ordinary residence, necessitating a factual inquiry rather than reliance on past residence.
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 of a minor must be determined by the child's ordinary residence, as per Section 9 of the Guardians and Wards Act, 1890.
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