Sabahat Sanna VS Shabir Ahmed

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJEEV KUMAR, RAJESH SEKHRI
Sabahat Sanna – Appellant
Versus
Shabir Ahmed – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Ms. Deepika Pushkar Nath Advocate
For the Respondent:Mr. H.A. Siddiqui Advocate

JUDGMENT

Sanjeev Kumar J.—This appeal by one Sabahat Sanna filed under Section 19 of the Family Courts Act, 1984 is directed against an order dated 25th July, 2024 passed by the Principal Judge, Family Court, Jammu [“the trial Court”] in File No. G&W Act/4176/2023 titled ‘Sabahat Sanna vs Dr. Shabir Ahmed’ whereby the trial Court has returned the application filed by the appellant under Sections 12 and 25 of the Guardian and Wards Act, 1890 [“Act”] in terms of Order VII Rule 10 read with Rule 10-A CPC for its presentation before the competent Court of jurisdiction.

2. Briefly put the facts leading to filing of this appeal are that the appellant filed an application under Sections 12 and 25 of the Act to seek custody of her minor daughters, aged 5 years and 4 years respectively. The application was resisted by the respondent, who, at the outset, took a preliminary objection that in view of Section 9 of the Act, the trial Court lacked jurisdiction to entertain the petition as both the minors were putting up at village Parat, Tehsil Mendhar, District Poonch.

3. The trial Court, relying upon the provisions of Section 9 of the Act, came to the conclusion that the jurisdiction of the Dis

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