ORDER

1. This Miscellaneous Petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 8.2.2021, passed in MJC-G.W./03/2020 by Additional District Judge, Nagda, District - Ujjain (MP), whereby the petitioner’s application filed under section 9 of the Guardian and Wards Act, 1890 (for short ‘the Act of 1890’) raising the ground of territorial jurisdiction to entertain the application filed by the respondent No.1/husband for guardianship and custody of their daughter has been rejected and it is held that Court at Nagda shall have the jurisdiction and not the Court at Nagpur where according to the petitioner, the daughter is residing.

2. In brief, the facts of the case are that the petitioner and the respondent No.1 are husband and wife and they had a dispute which led to the petitioner leaving her matrimonial house at Nagda along with her daughter in the month of April 2020, to Nagpur where her parents are residing. Since the petitioner did not return, therefore on 28.8.2020 the respondent No.1/husband filed an application under section 7, 10 and 12 of the Act of 1890, seeking his appointment as guardian of the minor girl and cust