- (1.) With the consent of learned counsel for parties, and, as ordered by this Court on 07.07.2015, we have proceeded to hear the counsel for the parties to decide the appeal finally.
(2.) There are two question for determination in this appeal; (i) whether Family Court at Rampur had jurisdiction to entertain application under Section 6 of Guardian and Wards Act, 1890 (hereinafter referred to "Act, 1890"), and (ii) whether the application in question was to be governed by the provisions of Act, 1890, or of Hindu Minority and Guardianship Act, 1956 (hereinafter referred to "Act, 1956").
(3.) The facts in brief are that the respondent moved an application under Section 6 of the Act, 1890 in Family Court at Rampur registered as a Civil Misc. Case No. 73 of 2014, requesting for giving custody of his minor son Parth Rajput who was in the custody of appellant, Chhatrasal Singh, and, was studying at Diggia Institute at Noida, living with the defendant-appellant. In order to justify jurisdiction at Rampur she stated in para 5 and 6 of the petition dated 03.11.2014 that though her minor son was residing with his father at Noida, but when she visited her in-laws house in Noida on 05.06.2014, she had taken him to her father's residence. On 08.06.2014, her husband and some other came at her father's residence at Rampur and in absence of her father, under the threat, snatched away her minor son and took him away.;