[2026:RJ-JD:9505-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 1031/2026 Amarchand S/o Tulsiram, Aged About 35 Years, R/o Behind Fci Godown, Near Hanuman Mandir, Banglanagar, Bikaner. 334001 ----Appellant Versus Papita W/o Amarchand, Aged About 33 Years, R/o Malsisar, Tehsil Sujangarh, District Churu.

----Respondent For Appellant(s) : Mr. Tabish Samdani For Respondent(s) :

HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order(Oral)

23/02/2026 Per: Arun Monga, J

1. The appellant–father seeks quashing of the judgment/decree dated 22.01.2026 passed by the learned Family Court, whereby his petition under Sections 10 & 25 of the Guardians and Wards Act for custody of the minor child was returned without being decided on merits for lack of territorial jurisdiction.

2. Brief facts of the case are that the appellant instituted a petition under Sections 10 and 25 of the Guardians and Wards Act, 1890 before the Learned Family Court No. 1, Bikaner on 30.04.2024, seeking guardianship and custody of the minor children. The marriage between the appellant and the respondent was solemnized on 30.10.2009 at Malsisar, Tehsil Sujangarh, District