Hon’ble Pankaj Mithal, J.—Heard Sri K.P. Shukla, learned counsel for the petitioner.

No one appears for respondent No. 2 despite order dated 11.3.2014 holding service of notice upon her to be sufficient.

Petitioner applied under Section 25 of the Guardians and Wards Act, 1890 (in short ‘Act’) for the custody of his three minor children.

The family Court before whom the petition was filed vide order dated 1.4.2013 has directed for the return the plaint to the Civil Court holding that it has no jurisdiction to entertain a petition under Section 25 of the Act.

2. In challenging the above order the contention of learned counsel for the petitioner is that the family Court has mis-read the provisions of Section 7 of the Family Courts Act, 1984 which clearly provides that the family Court shall have the jurisdiction apart from other things inter alia in respect of proceedings in relation to guardianship of the person or the custody of, or access to, any minor.

3. It would be material to refer Section 7 of the Family Court Act, 1984 in resolving the issue of jurisdiction of the family Court to entertain a petition under Section 25 of the Act for the custody of minors. It reads as u