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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Avanish Kant Agnihotri – Appellant
Versus
Shilpi – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Mr. Mukesh Kumar Sinha, learned counsel for the petitioner submits that reply to the counter affidavit and I.A. filed by the sole opposite party is ready, however, the same has not been submitted in the Registry as the matter was on board.
2. In view of his such submission, the said reply has been taken on record.
3. Heard Mr. Mukesh Kumar Sinha, learned counsel appearing for the petitioner and Mr. Shubham Mishra, learned counsel appearing for the sole opposite party.
4. This petition has been filed under Article 227 of the Constitution of India praying therein to quash the order dated 01.06.2024 passed in Original Suit No.274 of 2023 by the learned Additional Principal Judge, Family Court-I, Ranchi, whereby, the petition filed by the petitioner under Order VII Rule 11(d) of the CPC regarding jurisdiction and maintainability of the suit has been rejected by the learned Court.
5. Mr. Mukesh Kumar Sinha, learned counsel for the petitioner submits that the petitioner and the sole opposite party are legally wedded husband and wife whose marriage was solemnized on 06.06.2010 at Lucknow and out of the said wedlock, a male child was born on 19.07.2012. He fur
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 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.
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.
Minor's 'ordinarily resides' jurisdiction determined by stable residence, not temporary placement; welfare of the child paramount.
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