Minor child custody - jurisdiction

@ Author,

1. No. Since it is very very recent happening you have a case. File “preliminary objection” with special prayer to dismiss her petition and also for earliest hearing before child attains ‘jurisdiction’.

2. The jurisdiction aspect in The Guardianship and Wards Act 1890 is dealt with by the statue under S. 9 GWA which runs as under:-

S. 9: Court having jurisdiction to entertain application -

i. If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

In connection with the term ''ordinary residence'' as appearing in S. 9 GWA, Lord Denning MR has made the following observations:-

”So long as the father and mother are living together in the Matrimonial home, the child's 'ordinary residence' is the home, and it is still his ordinary residence, even while he is away at Boarding School. When father and mother are at variance and living separate and apart, and by arrangement the child resides in the house of one of them, then that home is the ordinary residence, even though the other parent has access and the child goes to him from time to time. Quite generally, I do not think a child's 'ordinary residence' can be changed by one parent without the consent of the other or by other's acquiescence.''

In ref.: JAGDISH CHANDRA GUPTA VS. VIMLA GUPTA, AIR 2003 ALL 317 it has been held that:-

''The expression 'ordinarily resides' signifies something more than a temporary residence. Even though the period of such temporary residence may be considerable, the place where the minor generally resides and would be expected to reside but for special circumstances may be taken to be the place denoting a place where the minor 'ordinary residence'.''

There are many more citations in your favour in instance facts before us. What shall be considered in placed facts are forceful pleadings from your side with reference to various Judicial views earlier made on similar facts i.e. 'ordinary residence' which your side is suppose to place before concerned Court for consideration along with early hearing Application if next date of hearing is far whose special knoweldge only you have and not expressed here in yoru brief.


3. Appoint immediately a seasoned advocate via reference / search LCI database for the same and force submit above and similar views and get her GWA petition dismissed with instructions to return child to original Jurisdiction as well as re-admission to original school which child used to go to. Vacation period is not considered to 'establish ordinary residence' which will be their side's twisted argument please note that.


4. Onto red highlighted doubt that you have; your or child's mother's current stay or both of your stay is not considered as child 'ordinary residence' when Jurisdiction under GWA is challenged.


Copy and take Lord Hanuman’s leap now without wasting much time.

Thanks tajobsindia, 

I'll try to find the case details (JAGDISH... ) mentioned by you and get a copy of the same.

I'll keep you posted.