Pushp Lata Sharma W/O Late Shri ... vs Himanshu Dubey S/O Shri Govind Ram ...
2021 Latest Caselaw 1034 Raj/2

       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'),

(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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