Ali Zaidi, J. - (1.) In this case, under 'The Guardians And Wards Act, 1890 (hereinafter called the 'Act'),the dispute was whether the application for custody of children lay at Saharanpur in U.P. or at Ludhiyana in Punjab? The husband-respondent who made an application being Misc. Civil Case No. 101 of 2003 under Section 25 of the aforesaid Act for the custody of the minor children resides in District Saharanpur and he filed the application for custody of children in Saharanpur Court. The Opp. Party- appellant (here) who resides in Ludhiyana, stated in her reply that the application will lie in Ludhiyana and not at Saharanpur because children are residing with hear at Ludhiyana.
(2.) The learned Ist Addl. District Judge , Saharanpur vide its order dated 4.12.2006 on basis of the averments, in the application upheld the contention of the husband that the jurisdiction lay in Court at Saharanpur and that is how this appeal by the appellant wife.
(3.) I have heard the learned Counsel for the appellant and the learned Counsel for the respondent.;