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LISA GILL, RITU TAGORE
Bikramjit Singh – Appellant
Versus
Renuka Devi – Respondent
| Table of Content |
|---|
| 1. background and facts of custody petition (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellant argues jurisdiction and procedural issues (Para 8 , 9 , 10) |
| 3. court analyzes jurisdiction based on ordinary residence (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's affirmation of previous findings (Para 19 , 20) |
| 5. appeal dismissed with no costs (Para 21) |
JUDGMENT
Ritu Tagore, J.
The instant appeal is directed against the judgment of Principal Judge, Family Court Gurdaspur (hereinafter referred to as the 'Guardian Judge'), dated 10.10.2022, who dismissed the petition filed by the appellant-father Bikramjit Singh, through his real sister Poonam wife of Parshotam Kumar, under section 25 of the Guardians And Wards Act, 1890 (hereinafter referred to as 'the Act') on the ground of lack of territorial jurisdiction.
2. Brief facts of the case are that appellant Bikramjit Singh, filed a petition for custody of his minor daughter 'Mkaur' (her name has been screened) through his real sister Poonam wife of Parshotam Kumar while pleading insanity. Parties to the petition, it is stated, were married on 08.05.2012 at Gurudwara Baba Tehal Singh, Tibri road, Gurdaspur as per Sikh rites and rit
The 'ordinary residence' of children determines jurisdiction in custody matters under the Act of 1890.
Jurisdiction for custody applications is determined by the minor's ordinary residence, not the deemed custody with the mother under personal law.
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....
Territorial jurisdiction of Court – Minor may be in deemed custody of mother but for the purpose of determining jurisdiction, it is ordinary residence of minor that would be relevant.
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
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