- (1.) THIS revision petition under Section 115 CPC is directed against the order passed by the trial court dated 6.3.2009, whereby the application filed by the petitioners under Order VII, Rule 10 CPC has been rejected.
(2.) BRIEF facts of the case may be noticed thus : the respondent - Smt. Basanti filed an application under Section 25 of the Guardians and Wards Act, 1890 ('the Act') against the petitioners, who are her father -in -law and mother -in -law seeking custody of her minor son Raja @ Jeet Singh. It was inter -alia claimed in the application that the child was born at Udaipur and his father Niranjan Singh died at Udaipur and the applicant ordinarily resided at Udaipur. It was alleged that her son has been forcibly detained by her -in -laws. An application under Order VII, Rule 10 CPC was filed by the petitioners inter -alia with the averments that on the date of filing application, the minor Raja @ Jeet Singh was not residing at Udaipur, but he was in custody of the petitioners at Kankroli and therefore, only the Courts at Rajsamand has the jurisdiction to deal with the said application.
(3.) THE application was opposed by the respondent herein. It was inter -alia submitted that the applicant was residing with her husband and child at Udaipur when on 22.10.2007 her husband committed suicide and whereon, the family members came from Kankroli to Udaipur and took the dead body and the child forcibly to Kankroli. She stayed at Kankroli for 12 days and when she returned back to Udaipur, she was not permitted to bring the child with her and therefore, a registered notice dated 23.11.2007 was issued by her counsel and proceedings were lodged with A.D.M., Udaipur for custody of the child and ultimately, a revision was filed before the District Court, Udaipur on 5.1.2008. Thereafter, the present proceedings were lodged by her.;