IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of Decision:12.03.2019
Nandni . . . . . Appellant
Vicky Arora . . . . . Respondent
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE HARNARESH SINGH GILL
Present: – Mr.S.S. Gill, Advocate, for the appellant.
RAKESH KUMAR JAIN, J. (ORAL)
This appeal is filed against the order dated 22.11.2018 by which the
petition filed under Section 25 of the Guardians and Wards Act, 1890 by the
appellant for seeking custody of the minor son, namely, Nitish Arora born on
25.2.2011, has been dismissed both on the grounds that she has no means to look
after the welfare of the child and also the Court does not have the jurisdiction in
terms Section 9(1) of the Act.
Learned counsel for the appellant has submitted that if the Court had
to dismiss the petition on the ground of jurisdiction then it should have sent the
case to the Court, who had the jurisdiction to decide the same.
We have heard learned counsel for the appellant and after perusal of
the record, are of the considered opinion that since there is no challenge by the
appellant to the finding recorded by the trial Court on the issue of territorial
jurisdiction, therefore, she may, if so advised, de hors the decision dated
22.11.2018, prefer a petition before the Court, who has the jurisdiction to decide
the lis raised by her.
With these observations, the present appeal is hereby disposed of.
(RAKESH KUMAR JAIN)
(HARNARESH SINGH GILL)
Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No
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