2026:CGHC:8407-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 346 of 2024 Smt. Zeba Nazneen W/o Sayyed Babar Ali, Aged About 35 Years R/o Juni Hatri, Infant of Pandey Brothers, Ward No. 26, Rajnandgaon, Tahsil & District Rajnandgaon, Chhattisgarh.

... Petitioner versus

1 - Sayyed Babar Ali S/o Sayyed Nawab Ali, Aged About 38 Years

2 - Sayyed Arshan S/o Sayyed Babar Ali, Aged About 9 Years Through Legal Guardian (Father) Sayyed Babar Ali, 3 - Sayyed Afraz S/o Sayyed Babar Ali Aged About 7 Years Through Legal Guardian (Father) Sayyed Babar Ali All R/o Tirumala Appliances, Atabira, District Bargarh, Odisha.

... Respondents For Petitioner : Ms. Priyanka Rai, Advocate For Respondents : Mr. Nishant Bhanushali, Advocate DB- Hon'ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board

17.02.2026 Arvind Kumar Verma, J.

1. With the consent of learned counsel for the parties, the matter is heard finally.

Digitally ASHUTOSHsigned by MISHRA ASHUTOSH MISHRA

2. The instant appeal under Section 19(1) of the Family Court Act has been filed being aggrieved with the order dated 27/06/2024 passed by the Principal Judge, Family Court, Rajnandgaon, whereby an application filed by the petitioner under Order 7 Rule 11 CPC was decided wherein it was observed that the Family Court, Rajnandgaon do not have the jurisdiction to entertain the application under Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as the Act, 1890) for the reason that both the children are residing with the father at District Bargah (Odisha) and were with the petitioner only for a fixed time period during summer vacation.

3. The brief facts of the case as projected by the petitioner are that marriage between petitioner and respondent no.1 was solemnized on 21.10.2012 as per Muslim rites, out of the said wedlock, both children were born. In June 2021 respondent no.1 left petitioner only with younger son Afraz in Rajnandgaon for medical treatment of petitioner and took elder son Arsan along with him to Odisha. Thereafter, Respondent no.1 moved a complaint before Mahila Thana, Rajnandgaon to take petitioner. On 27.04.2022 respondent no.1 along with elder son came to Rajnandgaon and after halting for two three days, told petitioner that he got a job for which certain document of consent of petitioner is required, and tried to get some document signed by the petitioner by concealing some portion of document, though petitioner was able for read some of portion and denying the same, - petitioner pushed respondent and forcefully took younger son along with him to Bargarh (Odisha) on

30.04.2022.

4. Respondent when being asked, told petitioner that he would bring younger child back after Eid, but he did no bring him back. Petitioner complained the same before child welfare committee, Rajnandgaon where on being called for counseling, respondent use to give excuses and as such respondent forcefully have kept both the children along with him and devoid both the children from love and care of petitioner mother. Respondent use to leave both the children with his old aged mother and as such proper nutrition and care of children is being affected and as such guardianship of both the minor children ought to have been provided to petitioner mother for ensuring proper care of the children. An application of Section 25 Guardian and Ward Act was moved by the petitioner mother before competent court which was rejected vide impugned order dated 27.06.2024. Hence this appeal

5. Learned counsel for the petitioner would submit that the Family Court, Rajnandgaon is absolutely unjustified in holding that the said Court has no jurisdiction to adjudicate the application filed by the petitioner. She would next contend that Section 9 (1) of the Act, 1890 provides that if the guardianship of the minor is concerned it shall be made to the District Court having jurisdiction in the place where the minor ordinary resides. She would next submit that the Re