ORDER :- Petitioner Dr. Vinay Samuel Arawattigi has approached this Court questioning the validity of the order passed by the Judge Family Court, Kanpur Nagar holding that Court at Kanpur Nagar has authority and jurisdiction to deal with the application moved on behalf of the Respondent Smt. Rashmi Harry under Section 25 of Guardians and Wards Act, 1890.

2. Brief facts giving rise to the instant writ petition in brief is that petitioner and respondent No. 2 were married as per Christian Rites and Rituals on 2-8-1999 at Miraj (District Sangli Maharashtra). After the said marriage had been solemnized, couple in question started living together at Vail Memorial Hospital Campus Miraj District Sangli. Out of said wedlock baby "Simran" was born on 23-11-2001 at Kanpur Nagar. It has been asserted by the petitioner that after some post maternity treatment the petitioner along with respondet No. 2 and minor child Simran flew back to Miraj from Lucknow via Delhi on 26-12-2001 where they lived together. Petitioner has contended that in December, 2002 he joined Christian Medical College Hospital (C.M.C.H.) Vellore and there he resided with respondent No. 2 and baby Simran. Petitioner has contended that in October, 2003 he decided to start his career as a Doctor near his native town in Miraj. Petitioner has contended that settling at Miraj was not solicited by the respondent No. 2 therefore, petitioner along with respondent No. 2 came to Pune in search of a job as doctor but unfortunately failed to get the same. However, at latter point of time he got a job as a Doctor at Mission Hospital Miraj, but respondent No. 2 was not ready to settle at Miraj and she has been insisting and asking the petitioner to settle at Kanpur. Petitioner has contended that he did not succumb to said request of respondent No. 2, however, in order to resolve this crises and to save the family, they came at Pune. It has also been contended that 2nd birth day anniversary of baby Simran was approaching and to celebrate the same both went to Miraj where birthday was celebrated on 23-11-2003 at the friendss house at Miraj. It has been contended that after aforesaid delebration of birth day of bady Simran, again same issue was raised by respondent No. 2 to settle at Kanpur which was politely declined by the petitioner and it has been asseted that respondent No. 2 asked the petitioner to leave her at her cousin brothers house at Pune and respondent No. 2 was dropped on 26-11-2003 and from there the parents of respondent No. 2 was called upon to persuade her to behave sensibly, but nothing fruitful happeed and from Pune respondent No. 2 came to Kanpur Nagar leaving baby Simran with the petitioner. It has been contended that petitioner and respondent No. 2 are living separately since 26-11-2003 and minor baby Simran has been residing with the petitioner at Miraj District Sangli. In order to harass the petitionwer, respondent No. 2 filed Criminal Complaint Case No. 7849 of 2004 under Section 498-A, 323, 506, 420, IPC read with Section - Dowry Prohibition Act against the petitioner and his mother. Details have also been furnished of another Criminal Complaint Case No. 24733 of 2004, under Sections 406, 120-B, IPC against the petitioner and his mother. Proceeding in both criminal cases have been stayed by this Court. Respondent No. 2 again filed Misc. Case No. 103/70 of 2004 (Smt. Rashmi Harry v. Dr. Vinay S. Arawattigi), under Section 25 of Guardians and Wards Act, 1890 for the custody of baby Simran at Kanpur Nagar. At the point of time of filing case Munsasrim of the Kanpur Nagar made a report that present proceeding is beyond the jurisdiction of this Court therefore, case cannot be registered. On 17-5-2004 arguments were asked to be advanced on the report of Munsarim. On 24-5-2004 order was passed by the respondent No. 1 mentioning that there is no evidence qua period of stay of child with his mother since 23-11-2005, in order to ascertain the status of ordinarily resides.

Click Here to Read the rest of this document