HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Miscellaneous Appeal No. 1058/2019
Pushp Lata Sharma W/o Late Shri Ramswaroop Sharma, Age
about 63 Years, R/o H.No. 902, Basant Vihar, Kota, District, Kota
(Raj.).
----Appellant/Applicant
Versus
Himanshu Dubey S/o Shri Govind Ram Ji, R/o Tilak Gali
Senawad, District Khargone, M.P.
----Respondent/Non-Applicant
For Appellant : Mr. Samarth Sharma Advocate with Ms. Kavita Sharma Advocate.
For Respondent : Mr. Mahesh Gupta Advocate.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Judgment 01/02/2021 Appellant has filed the appeal challenging order dated 21.01.2019 passed by the Family Court No. 1, Kota (hereinafter referred to as 'the Family Court'), whereby, application moved by the appellant for custody of minor child was returned by the Family Court for its presentation to the Court having jurisdiction to try the same.
Learned counsel for the appellant has submitted that the appellant is an old lady and it is not possible for her to pursue the case in the State of Madhya Pradesh.
Learned counsel for the respondent has opposed the appeal and has submitted that as per Section 9 of the Guardians and Wards Act, 1890 (hereinafter referred to as 'the Act'), (Downloaded on 04/02/2021 at 09:59:55 PM) (2 of 2) [CMA-1058/2019] application in respect of guardianship of the person of the minor is to be made to the District Court having jurisdiction in the place where the minor ordinarily resides. In the present case, minor child is residing at Sanawad, District Khargone, Madhya Pradesh.
Appellant is the maternal grandmother of the minor child. Presently, the minor child is residing at Sanawad, District Khargone, Madhya Pradesh.
Clause (1) of Section 9 of the Act reads as under: "9. Court having jurisdiction to entertain application.-(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides."
Thus, as per the above provision, the custody case can be filed by the appellant to the District Court having jurisdiction in the place where the minor child is residing.
In these circumstances, the learned Family Court at Kota rightly returned the application moved by the appellant to enable the appellant to present it to the District Court having jurisdiction where the minor child is residing.
No ground for interference is made out. Dismissed.
(MANOJ KUMAR VYAS),J (SABINA),J
MANOJ NARWANI /59
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