Family Courts Act, 1984, Section 7(g), Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - No part of claim falls in territorial jurisdiction of Delhi, as child was born in and continues to reside in Guwahati Assam - Act of deprivation of minor's custody and residence, thus, arose at Guwahati Assam - Petition for custody of child thus,..........
Guardians and Wards Act, 1890, Section 9(1), 25 - - Jurisdiction of Court - Custody of minor children - Children were not ordinary residents of India as envisaged u/s 9(1) of the Act, as they are citizens of USA - Application for custody of minor children filed before Family Court (Hyderabad) is rightly rej ected by High Court in exercise of power U.O.7.R.11 CPC - Mother..........
Guardians and Wards Act, 1890, Section 7, 9, 12, 13, 17, 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Paramount consideration is the welfare of minor child and not statutory rights of parents...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Actual place of residence of minor at the time of filing application does not necessarily determine jurisdiction of Court...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Expression `ordinarily resides' connotes a regularly settled home and not a place of stay where children are obliged to dwell by force of circumstances or compulsion of employment of parents...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Place of residence of natural guardian does not determines jurisdiction of Court u/s 9(1) of the Act...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Jurisdiction of Court - Convenience of a party will not confer jurisdiction on a Court - Considerations of convenience would be relevant only when more than one Court is having jurisdiction to try the case...........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Expression `where the minor ordinarily resides' excludes places to which minor may be removed at or about the time of filing of application for enforcement of guardianship and custody of minor...........
Guardians and Wards Act, 1890, Section 9 -- Jurisdiction of Court - Custody of child - `Ordinarily resides' - In order to give jurisdiction on ground of `residence' something more than a temporary stay is required - It must be more or less of a permanent character...........
Guardians and Wards Act, 1890, Section 4, 5, 9 -- Jurisdiction of Family Court - Has to be decided in premise of definition of `the Court' in S.5 of the Act and provisions of S.9 of the Act...........