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HIGH COURT OF KARNATAKA
M. NAGAPRASANNA, J
SAMIULLA SAHEB – Appellant
Versus
MOHAMMED SAMEER – Respondent
| Table of Content |
|---|
| 1. parties involved and context of custody case (Para 1 , 3) |
| 2. jurisdiction based on child's residence (Para 4 , 5) |
| 3. impact of the law on applicant's appeal (Para 6 , 7) |
| 4. deliberation on applicable sections and precedent rulings (Para 8 , 9 , 10) |
| 5. final order on the writ petition (Para 13) |
ORDER
The petitioners are, defendants in G & W.C.No.49 of 2021, they are before this Court calling in question an order dated 03-02-2023 passed by the III Additional Principal Family Judge, Mysuru rejecting the application filed by the petitioners under Order VII Rule 10 r/w Section 151 of the Code of Civil Procedure seeking return of the plaint to be presented before an appropriate Court.
2. Heard Sri. Mohammed Tahir, learned counsel appearing for the petitioners and Sri H.A. Purushothama Prasanna, learned counsel appearing for the respondent.
3. The facts, in brief, are as follows:-
The petitioners are the parents-in-law of the respondent. Daughter of the petitioners and the respondent got married and from the wedlock a child is born. The daughter of the petitioners who is the wife of the respondent dies on 16-05-2021 and since then it is the case of the petitioners that min
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