JYOTI CHOUHAN Vs. VINAY KUMAR CHOUHAN

JUDGEMENT

(1.) This appeal is directed against the order dated 4.1.2018 passed by the Family Court, Durg whereby application under Section 8 read with Section 25 of the Guardians and Wards Act, 1890 (hereinafter referred to as "the Act"?) filed by the wife for custody of her minor daughter, has been rejected on the ground of lack of territorial jurisdiction.

(2.) Briefly stated, the factual backdrop giving rise to this appeal are that the mother of the child, the appellant, moved an application under Section 8 read with Section 25 of the Act before the Family Court, Durg, stating that she is the natural guardian of 5 years old girl child who is residing with her and was taking education at Durg. The allegation in the application was that respondent- husband had come to meet the child and had taken her by stating that he will come back in couple of days. But when the husband did not come back, the appellant inquired and she came to know that without informing her, her husband/respondent has removed the child to a third place and is not bringing the daughter back. On this factual allegation, prayer was made for granting custody of the child to the mother.

(3.) When the matter came up for consideration before the Family Court, the Family Court, at the threshold, even without registration of the case, held that as, according to the plaint allegation, the father has taken the child to another place which falls outside the territorial jurisdiction of the Family Court, Durg, the application was rejected with liberty to approach the Court having territorial jurisdiction. It is this order against which this appeal has been preferred.