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Jagdish Prasad vs Hansraj & Anr on 23 March, 2017

       HIGH COURT OF JUDICATURE FOR RAJASTHAN

                          AT JODHPUR

             D.B. Civil Misc. Appeal No. 1694 / 2014



Jagdish Prasad S/o Late Patram, aged 57 years, by caste Suthar,
Resident of Ward No.7, Dhani Chak 9 MKS Tehsil Tibbi, District
Hanumangarh.

                                                       ----Appellant

                              Versus

1.   Hansraj S/o Sh. Sultan, aged 46 years, by caste Suthar,
     Resident of Kemari Road, Purani Police Line, House No.15,
     Hissar Tehsil and District Hissar.

2.   Suman W/o late Vinod Kumar presently W/o Ramniwas, S/o
     Krishan Lal, by caste Jangid, aged 24 years, R/o Badopal,
     Tehsil and District Fatehbad (Haryana)

                                                 ----Respondents

_____________________________________________________

For Appellant(s)   : Mr. Vijay Jain.
_____________________________________________________

        HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

        HON'BLE MR. JUSTICE G.R. MOOLCHANDANI

                         JUDGMENT

23/03/2017

The instant appeal has been filed under Section 19 of the

Family Court Act, 1984, by the appellant, Jagdish Prasad, against

the order dated 10.07.2014 passed by learned Judge, Family

Court, Hanumangarh, in Civil Misc. Case No.352/2013, by which

the learned Judge, Family Court, Hanumangarh, returned the

application filed by the appellant under Section 7 of the Guardian
(2 of 2)
[CMA-1694/2014]

and Wards Act claiming custody of his grand-daughter, namely,

Divya @ Rajkumari (daughter of son, late Sh. Vinod Kumar).

This time barred appeal was filed by the appellant (grand-

father) on 30.09.2014 and near about three years have passed

and the appeal is pending consideration. It is worthwhile to

observe that notices of application under Section 5 of the

Limitation as well as of appeal were issued by this Court on

26.02.2015 but till today, proper notices are not filed by the

appellant.

We have perused the order impugned dated 10.07.2014. In

our opinion, no error has been committed by the learned Judge,

Family Court, whereby it has returned the application filed by the

appellant (grandfather) under Section 7 of the Guardian and

Wards Act because Smt. Suman, wife of Vinod Kumar (mother of

Ms. Divya @ Rajkumari) is still alive and she is residing at

Fatiabad, so also, Hansraj (father of Suman) is residing at Hissar,

therefore, there is no territorial jurisdiction as per Section 9 and

25 of the said Act to entertain the said application for custody of

grand-daughter.

In view of above, no case is made out for interference on

merit. We are not inclined to condone the delay, hence, this

appeal is hereby dismissed on merit as well as on the ground of

delay.

(G.R. MOOLCHANDANI)J. (GOPAL KRISHAN VYAS)J.

DJ/-

36

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