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2010 Supreme(P&H) 1558

RAKESH KUMAR JAIN
Jasbir Singh – Appellant
Versus
Krishna Devi – Respondent


Advocates:
For the Appellant:Mr. Atul Jain, Advocate, for Mr. Padam Jain, Advocate.
For the Respondent: None.

JUDGMENT

Rakesh Kumar Jain, J.:- This revision petition is directed against the order of Guardian Judge cum Civil Judge (Senior Division), Kapurthala, dated 30.11.2009, who has dismissed the petition filed by the appellant under Section 25 of the Guardian and Wards Act,1890 (for short, the Act) on the ground of lack of territorial jurisdiction.

2. Brief facts of the case are that parties to the dispute are Christians who got married on 28.11.1997 as per Christian religious rites at village Seeowal. Their marriage was registered at village Khera Post Office Jamsherpur, District Jalandhar. They were blessed with three children, who are residing at the house of the petitioner in village Hothian, District Kapurthala and are studying in Tara Singh Memorial College/School Dhaliwal Bet, Kapurthala. It is alleged by the petitioner that while he was away, the respondent had taken away all the children from his house about two months ago from the care and custody of their natural guardian and father and in order to secure their custody, he had to file this application under Section 25 of the Act.

3. Upon notice, the respondent did not appear and was proceeded against exparte before the Court











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