Arushi Krishna Dasgupta v. Gourov Dasgupta
Case brief
What is this about?
Territorial jurisdiction; Section 9 Guardianship and Wards Act 1890; ordinary residence of minor child; guardianship petition maintainability; Family Court Dwarka; child removed to Mumbai; Order VII Rule 10 CPC versus Order VII Rule 11 CPC scope; plaint averments versus documents; contempt proceedings disposed; failure to produce minor child; condonation of delay 125 days; MAT.APP.(F.C.) 331/2023; CONT.CAS(C) 906/2024.
What did the court decide?
Under Section 9 of the Guardianship and Wards Act, 1890, a guardianship petition is required to be filed before the Court where the minor child ordinarily resides; the child here was residing and studying in Mumbai, Maharashtra, and the Appellant waited more than a year before filing at Delhi, so the Family Court rightly concluded the petition had to be filed where the minor child resides.