Yogesh Kashmirilal Sandhu v. Mrs. Sarabjit Yogesh Sandhu And ANR

Dusane 1/2 wp8666.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8666 OF 2015 Yogesh Kashmirilal Sandhu ....

Petitioner Vs.

Mrs. Sarabjit Yogesh Sandhu & Anr.

....

Respondents Mr. Vilas B. Tapkir, Advocate for the Petitioner. Mr. Rohan H. Barge, Advocate for the Respondents. Coram : Smt. R.P. SondurBaldota, J.

Date : 29th June, 2016 P.C.

This petition challenges the order dtd, 20th June, 2015 passed by the District Court, Pune in Miscellaneous Civil Application No.983 of 2014 filed under Section 21 of Guardian and Wards Act, 1890 by the petitioner­husband for custody of the three years old child. By the impugned order, the District Court has held that it does not have jurisdiction to entertain and try the application because the ordinary residence of the child is outside the territorial jurisdiction of Pune District Court. The child alongwith respondent no.1­ wife resides at Vashi, Navi Mumbai. Section 9(1) of Guardians & Wards Act provides that the application in respect of guardianship of a minor must be filed in the District Court having jurisdiction in the place where the minor ordinarily resides. It is undisputed position that since 24th

Dusane 2/2 wp8666.2015 September, 2014, the ordinary residence of the minor is Vashi. He resides there alongwith his mother. He is also admitted to a school at Vashi, Navi Mumbai. In the circumstances, his ordinarily residence has been rightly held to be at Vashi, Navi Mumbai. Hence, there is no merit in the petition filed. The petition is accordingly dismissed.

(Smt. R.P. SondurBaldota, J)