jurisdiction of courts under wards & guardian act 1890
gunjan aggarwal
(Querist) 13 October 2009
This query is : Resolved
i am fighting a custody case with my wife of my daughter of age 4yrs and10 months old now.my wife left me and my daughter on 27.10.2007 and on 4.8.2008 she abducted the child directly from the school in delhi afer a gap of 10 months with her to her parents house in ghaziabad.since she is getting treatment of manic depression from july 2006 so i first requested her through emails and various other channels to return the child so that she can attend the school in delhi but since she does not listen and never replyed to my various emails and legal notice i was forced to file a custody case in delhi courts in oct 2008.my wife is doing two jobs and her house in ghaziabad has a boys hostel on two floors and various other commercial activities run by her parents .my wife has no time for the child and she is a professional lady doing two jobs.she has denied all these in his ws before the court and i have submitted photographs and other proofs to prove my points.now her lawyer is saying that delhi courts has no jurisdiction to hear this case since the child is living in ghaziabad.but since this is a forcefull abduction from my custody in delhi and the child was studing in delhi school for the last two yrs and her name is in ration card of delhi and above all her mother is still filling her latest income tax and TDS returns from my delhi address and she has bought a car which is also registered in delhi and she is daily coming to delhi for attending her office and has denied all this .pls advice me on the jurisdiction issue of delhi courts in this matter.is it so easy to change the jurisdiction of the case since the cause of this custody case was the abduction of minor on 4.8.2008 by her was in delhi only and my daughter was residing in delhi by birth and i have filled the case in 2 months time after the abduction and she just want to waiste time in this matter .thanks
Adv Archana Deshmukh
(Expert) 13 October 2009
The court in respect to the guardianship of the person of the minor is the court where the minor 'ordinarily resides' as per s.9 of the Guardian and Wards Act. The place of ordinary residance of your daughter is delhi. so, delhi court shall have jurisdiction. The phrase 'ordinary residance' does not mean the place of residance at the time of filing of application or the place of temporary residance. Even if her lawyer has taken such objection on the point of jurisdiction, you can very well defend it.
