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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Sulbhi – Appellant
Versus
Bhavnesh Kumar – Respondent
| Table of Content |
|---|
| 1. jurisdiction primarily based on child's residence. (Para 2) |
| 2. interpretation of statutory provisions regarding jurisdiction. (Para 6 , 12) |
| 3. petition allowed, prior order set aside. (Para 16 , 17) |
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. Sulbhi (petitioner No. 1 herein} and Bhavnesh Kumar (respondent herein) were married on 30-09,2017 as per Hindu rites and ceremonies- They were blessed with a daughter, named Rehanshi on 18. D5.2019. Said daughter is presently residing at Jalandhar (Punjab) with petitioner Nos.2 and 3 herein, who are the parents of Sulbhi, ever since 12.06.2021.
3.1 On 01.11.2022, the father of the child, i.e. Bhavnesh-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 - Rehanshi against his wife and parents-in-law
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
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 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.
Jurisdiction for custody applications is determined by the minor's ordinary residence, not the deemed custody with the mother under personal law.
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.
The jurisdiction for custody applications under the Guardians & Wards Act is determined by the child's ordinary residence, necessitating a factual inquiry rather than reliance on past residence.
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