Asif Shamim v. Farah Razvi Shamim
Case brief
What is this about?
Writ petition against Family Court's rejection of jurisdictional plea. Court held that while Bombay was technically the ordinary residence, the father's acquiescence and the children's two-year stay in Bengaluru rendered intervention unnecessary to protect children's welfare.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NC: 2024:KHC:46145 WP No. 5774 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2024 BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5774 OF 2024 (GM-FC)
BETWEEN:
ASIF SHAMIM SON OF MR. S.M. SHAMIM EQBAL, AGED ABOUT 44 YEARS, RESIDING AT FLAT NO.803, T-7,L AND T EMERALD ISLE, SAKI VIHAR ROAD, POWAI, MUMBAI-400 072.
…PETITIONER
(BY SRI. PRADEEP S. SAWKAR, ADVOCATE)
AND:
FARAH RAZVI SHAMIM WIFE OF MR. ASIF SHAMIM, AGED 41 YEARS, RESIDING AT NO.176, B.G. ROAD, NANDI DEEPA APARTMENT, TEJASWINI NAGAR, BANNERGHATTA ROAD, HULIMAVU, BANGALORE-560 076.
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
Issues for consideration
3 issues framed by the court
Whether the Family Court at Bengaluru has territorial jurisdiction over a guardianship petition filed under Section 9 of the Guardians and Wards Act when the minor children have resided in Bengaluru f
Whether the petitioner/father is estopped from challenging the jurisdiction of the Bengaluru Court after availing visitation rights and obtaining interim orders from that Court.
Whether the writ petition under Article 227 praying to set aside the trial Court's order rejecting the jurisdictional application should be allowed.
Parties & counsel
- petitioner
ASIF SHAMIM
- respondent
FARAH RAZVI SHAMIM
Coram
LALITHA KANNEGANTI
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- WP/5774/2024
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