- (1.) By way of filing present misc. appeal, appellant is challenging the order dated 20.06.2009 passed by the Judge, Family Court, Jodhpur in Civil Case No.21/2008, whereby, the application filed by the appellant under Section 7 of the Guardian and Wards Act, 1890 was rejected on the ground of territorial jurisdiction.
(2.) In this case, on 12th October, 2009 while issuing notice to respondent No.2, the following order was passed by this Court:- "Learned counsel for the appellant submits that the order sent by the Court regarding production of the children namely Rahul and Neha, said to be lodged at Orphanage before respondent No.2 Incharge-Onkar Nanda Trust, Hripur Kalan, Dehradun (Uttranchal) was torn out in the present of the appellant and his counsel, but in this regard, there is no affidavit or any other document on record. Learned counsel for the appellant submits that the notice sent to respondent No.2 has also been received with an endorsement that he clearly refused to accept the notice, therefore, the notice was pasted on the notice board. In view of the submission made by learned counsel for the appellant and the endorsement made on the notice, let fresh notice be issued to the respondent No.2 - Incharge-Onkar nanda Trust, Hripur Kalan, Dehradun (Uttranchal) and may be given 'dasti' to learned counsel for the appellant, who may produce the same before the Superintendent of Police, Jodhpur. The Superintendent of Police, Jodhpur will send a Special Messenger not below the rank of Sub Inspector for getting the notice served through the Superintendent of Police, Dehradun (Uttranchal). The Superintendent of Police, Dehradun (Uttaranchal) is also directed to ensure that the notice is served on the respondent No.2 Incharge-Onkar Nanda Trust, Hripur Kalan, Dehradun (Uttranchal) and the children namely Rahul and Neha are produced before this Court on 04th November, 2009. Put up on 04th November, 2009"
(3.) In pursuance of the order dated 12th October, 2009 the children were produced before this Court on 04th November, 2009 and on that date the following order was passed:- "Heard learned counsel for the parties. In compliance to the order of this Court dated 12.10.2009, the children namely Rahul and Neha, who both are minor, have been brought today before this Court by Mr.Manish Dave, Sub- Inspector of Police Station Pratapnagar, Jodhpur. Upon asking to the Sub- Inspector, he submits that he has brought these two minor children from Bhagirathi Vidhalaya, Hripur Kalan, Dehradun (Uttranchal). Today, maternal grant- father namely Manohar, who is the appellant in this case along with his wife namely Kamla Devi are present before this Court and they have claimed the custody of the children. On the contrary, learned counsel Mr.M.K. Trivedi submits that the court of learned Addl. District Judge, Thane has passed the order for the custody of the children to Manu Govindram Tekchandani, who is said to be the brother in distant relation of the children, but he has filed no application in this regard. Learned counsel Mr.M.K. Trivedi submits that he will file the application tomorrow itself. On filing of the application, let copy of the same be given to learned counsel for the appellant. Meanwhile, both the children namely Rahul and Neha shall remain with their maternal grand-father namely Manohar, who is appellant in this case and maternal grand-mother namely Kamla Devi, as per their desire.";