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ARCHANA PURI
Sumit Verma – Appellant
Versus
Jyoti Soni – Respondent
| Table of Content |
|---|
| 1. background facts of marriage and custody dispute. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding jurisdiction for custody. (Para 5 , 6) |
| 3. analysis of jurisdiction under guardians and wards act. (Para 7 , 8) |
| 4. legal presumption of custody involving minors. (Para 9 , 10 , 11 , 12) |
| 5. permanent residence and jurisdiction considerations. (Para 13 , 14 , 16) |
| 6. forced removal of minor affects custody residence. (Para 15 , 17) |
| 7. conclusion on jurisdiction and dismissal of appeal. (Para 18 , 19) |
JUDGMENT
Mrs. Archana Puri, J.
Challenge in the present petition is to the order dated 02.11.2022 passed by learned Principal Judge, Family Court, whereby, an application under Order 7 Rule 10 read with Section 151 CPC, filed by the petitioner for rejection of petition under Section 25 of the Guardians and Wards Act, was dismissed.
2. The material facts, as culled out from the paper book are that marriage of the petitioner (husband) with respondent No.1 (wife) was solemnized on 10.06.2019, according to Hindu Rites and Ceremonies at Rewari. After the marriage, the petitioner and respondent No.1 lived together as husband and wife at Jind. From their wedlock, a male child was born on 25.04
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