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2016 Supreme(Online)(KER) 47642

HIGH COURT OF KERALA
C.K. ABDUL REHIM, SHAJI P.CHALY, JJ
MELVIN FERANDEZ – Appellant
Versus
REETHU RACHEL JEROME – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The case concerns a dispute over jurisdiction for guardianship of a minor child, with the main issue being whether the Family Court in Thiruvananthapuram had proper jurisdiction based on the minor's ordinary residence (!) (!) .
  • The respondent sought permanent custody of a minor born out of wedlock, and the petitioner challenged the jurisdiction of the Family Court under Section 9(1) of the Guardian and Wards Act, 1890 (!) .
  • The Family Court initially held that it had jurisdiction based on the mother’s residence, but it did not sufficiently establish the minor’s actual ordinary residence, which is required under the law (!) (!) .
  • The petitioner argued that merely residing with the minor does not necessarily establish the minor’s ordinary residence, especially since the minor was taken to and residing in Bangalore with the petitioner, with the respondent’s consent (!) .
  • The court emphasized that jurisdiction depends on the minor’s actual place of ordinary residence at the time of the application, not just where the mother or guardian resides temporarily (!) (!) .
  • The court found that the Family Court’s decision was flawed because it lacked a proper determination of the minor’s actual residence, based on the evidence (!) (!) .
  • As a result, the court quashed the Family Court’s order and directed a fresh examination of the evidence to determine the minor’s true ordinary residence, which is crucial for establishing jurisdiction (!) (!) .
  • The case was remanded for reconsideration, and the Family Court was instructed to pass a new order after considering all relevant evidence and legal provisions, within a specified short timeframe (!) .
  • The court also addressed procedural issues related to enforcement of visitor rights and clarified that any application for enforcement would be dealt with after the jurisdictional question is resolved (!) .

Please let me know if you need further analysis or assistance with this case.


J U D G M E N T

C.K. Abdul Rehim, J:

Respondent in OP No.1477/2013 on the files of the Family Court, Thiruvananthapuram, is the petitioner herein. The original petition before the court below was instituted by the respondent herein seeking permanent custody of the minor child born out the wedlock between the parties. The petitioner herein resisted the application, inter alia contending that, the Family Court, Thiruvananthapuram has no jurisdiction to entertain the petition under Section 9 (1) of the Guardian and Wards Act, 1890. He had also filed an interlocutory application as IA No.2454/2013 requesting the court below to consider the question of jurisdiction as a preliminary issue, based on the above contention. The Family Court passed an order on 23-04-2014 observing that, in order to determine the question of jurisdiction, taking evidence will be necessary and directed the parties to adduce evidence on the question of jurisdiction. Thereafter the petitioner herein filed an application seeking revision (review) of the above said order, which was also dismissed by the court below. The matter was taken up before this court in OP (FC) No.357/2013, which was also dismissed by this co

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