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/-
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