Family Court Has No Jurisdiction To Decide Guardianship Of Kids Ordinarily Residing Abroad: Karnataka HC [Read Judgment]

The Karnataka High Court, in Dr. Mashmoom v. Mr. Sajid, has recently held that ordinary residence as mentioned in Section 9 of the Guardianship and Adoption Act does not include the temporary residence of children.

Clarifying the meaning of word ‘ordinarily’, it held that it completely rules out the temporary residence of children.

The appellant in this case had appealed against the decision of the family court for the reason that the children were not ordinarily residents under the jurisdiction of the court.

Recognising the fact that the children were born and brought up in Doha, Qatar, with their father and were continuing their education there and had come to Belgaum (where the family court had jurisdiction) only for a temporary period, while the marriage between the petitioner and respondent was being resolved.

The court out rightly rejected the petitioner’s argument that at the time of filing the petition, the children were residing in Belgaum and upheld the decision of the family court. The court said: “On reading of the Section, it can be noticed that the application must be presented before the court having jurisdiction in the place where the minor ordinarily resides. The word ‘ordinarily’ has got such a meaning that it rules out temporary residence of the children.”

Read the Judgment here.