DIWAKAR DUTT Vs. KAMLESH KUMARI @ ANJU
LAWS(HPH)-2021-1-39
HIGH COURT OF HIMACHAL PRADESH
Decided on January 02,2021

Diwakar Dutt Appellant
VERSUS
Kamlesh Kumari @ Anju Respondents

JUDGEMENT

Vivek Singh Thakur,J. - (1.) Petitioner had approached the Family Court, Shimla by filing a petition under Section 25 of Guardian and Wards Act 1890 (in short 'the Act'), against his wife and one other, for the custody of his minor son.
(2.) Learned District Judge/Family Court vide impugned order dated 3.11.2020 has returned the petition preferred by petitioner along with documents for its presentation before the appropriate Court of law with observation that matter is not within jurisdiction of his Court as minor son is not residing within jurisdiction of his Court. Reliance has also been placed by Family Court on a pronouncement of High Court of Allahabad in case of Dr.Vinay Samuel Arawattigi vs. Principal Judge, Family Court, Kanpur , 2007 AIR(All) 13.
(3.) Being aggrieved by aforesaid order passed by Family Court, Shimla, petitioner has approached this Court and has relied upon judgments passed by Apex Court in Ruchi Majoo vs. Sanjeev Majoo , 2011 6 SCC 479; and also pronouncements of different High Courts in Ramesh Bhardwaj vs. Ram Saran Dass , 1998 120 PunLR 35; Bhagyalakshmi and another vs. K. Narayana Rao , 1983 AIR(Mad) 9; and Hariom Ram Pratap vs. Sunil , 2011 AIR(Raj) 138. He has also relied upon judgment of Allahabad High Court, in support of his plea, which has been relied upon by Family Court for returning the petition.;


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