Confusion of section 9 gwa

1. Order VII Rule 11 is the provision under CPC for rejection of plaint for the reasons relied upon, whereas you are asking for invoking this provision to reject a petition and not a plaint.

2. . (1) 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.

you have not given the facts while seeking opinion.

Jurisdiction for custody of minor is governed by Section 9 of the Guardians & Wards Act, 1890.which reads as:

Section 9 in The Guardians and Wards Act, 1890

9. Court having jurisdiction to entertain application.—

(1) 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.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.

(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction.

Wife has filed custody case (u/s 25 of GWA) where she resides. Child is living with me. Now I want to challenge her petition on jurisdiction. Can I file both applications (mentioned above as (1) and (2)) separately.