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DEEPAK GUPTA
X (3925) – Appellant
Versus
Y (3925) – Respondent
JUDGMENT :
Deepak Gupta, J.
The dispute pertains to territorial jurisdiction of the court to entertain a petition for child custody, when the parents of said child are fighting legal battle due to their acrimonious relationship.
2. XXXX (petitioner No.1 herein) and XXXX (respondent herein) were married on 30.09.2017 as per Hindu rites and ceremonies. They were blessed with a daughter, named XXXX on 18.05.2019. Said daughter is presently residing at Jalandhar (Punjab) with petitioner Nos.2 and 3 herein, who are the parents of XXXX ever since 12.06.2021.
3.1. On 01.11.2022, the father of the child, i.e. XXXX respondent filed a petition [Annexure P-2] under Section 7 read with Section 17 & 25 of the Guardian and Wards Act, 1890 (in short ‘Act of 1890) and Section 6 & 13 of the HINDU MINORITY AND GUARDIANSHIP ACT , 1956 (in short ‘Act of 1956) seeking the grant of custody/visitation rights of the minor child- XXXX against his wife and parents-in-law i.e., petitioners herein. Said petition was filed before Guardian Judge, Chandigarh.
3.2. The mother of the child — XXXX i.e. petitioner No.1 herein moved an application under Order VII Rule 11 CPC for rejection of the petition on the ground t
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 in custody matters is determined by the ordinary residence of minors, which must be established based on current living arrangements rather than historical context.
Minor's 'ordinarily resides' jurisdiction determined by stable residence, not temporary placement; welfare of the child paramount.
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.
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