Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court

"Since the minor is studying at a school in Mohali, it is that place where he is ordinarily residing. It does not matter whether the minor is residing at the said place only for a few months before the filing of the petition. What is relevant is the nature of residence, i.e., whether it is continuous and on a permanent basis, or it is only a casual visit. Since the minor child is studying at Mohali, it cannot be said that the child is making only a casual visit to Mohali."

The Family court had dismissed the petition preferred by the appellant-father under Section 25 of the Guardians and Wards Act, 1890, in respect of his minor son Kunj Rajpur. The said petition was dismissed on the ground of jurisdiction by the Family Court in the light of the uncontroverted assertions of the respondent-mother of the child, that she had shifted to Mohali, and was carrying on her job through the on-line process, and that her minor son had been admitted to a school in Mohali.

Appellant argued that the respondent No. 1 had gone to Mohali when the school at Kashipur where she was teaching, was being run on the on-line mode. The respondent no 1 has since returned to Kashipur to resume her duties at her school. At the same time, it is not denied by the appellant that the minor child is residing at Mohali and is studying in a school there.

In view of the aforesaid position the court said that the Family Court rightly held that it does not have the jurisdiction to entertain the petition preferred by the appellant under the Guardians and Wards Act, because the District Court / Family Court at Mohali would have jurisdiction in the matter.

Accordingly, the appeal was dismissed.

Case Title : Abhishek Rajput v Smt. Pooja Rajput & another

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