Trademark Pirates Face Legal Wrath: Delhi HC Enforces Radio Mirchi’s IP Rights Swiftly Madras High Court Upholds Extended Adjudication Period Under Customs Act Amid Allegations of Systemic Lapses Disputes Over Religious Office Will Be Consolidated for Efficient Adjudication, Holds Karnataka High Court Motive Alone, Without Corroborative Evidence, Insufficient for Conviction : High Court Acquits Accused in 1993 Murder Case Himachal Pradesh HC Criticizes State for Delays: Orders Timely Action on Employee Grievances Calls for Pragmatic Approach to Desertion and Cruelty in Divorce Cases: Calcutta High Court Orders Fresh Trial Juvenile Tried as Adult: Bombay High Court Validates JJB Decision, Modifies Sentence to 7 Years Retrospective Application of Amended Rules for Redeployment Declared Invalid: Orissa High Court NDPS Act Leaves No Room for Leniency: HC Requires Substantial Proof of Innocence for Bail No Protection Without Performance: MP High Court Denies Relief Under Section 53A of Transfer of Property Act Delays in processing applications for premature release cannot deprive convicts of interim relief: Karnataka High Court Grants 90-Day Parole Listing All Appeals Arising From A Common Judgment Before The Same Bench Avoids Contradictory Rulings: Full Bench of the Patna High Court. Age Claims in Borderline Cases Demand Scrutiny: Madhya Pradesh HC on Juvenile Justice Act Bishop Garden Not Available for Partition Due to Legal Quietus on Declaration Suit: Madras High Court Exclusion of Certain Heirs Alone Does Not Make a Will Suspicious: Kerala High Court Upholds Validity of Will Proof of Delivery Was Never Requested, Nor Was it a Payment Precondition: Delhi High Court Held Courier Firm Entitled to Payment Despite Non-Delivery Allegations Widowed Daughter Eligible for Compassionate Appointment under BSNL Scheme: Allahabad High Court Brutality of an Offence Does Not Dispense With Legal Proof: Supreme Court Overturns Life Imprisonment of Two Accused Marumakkathayam Law | Partition Is An Act By Which The Nature Of The Property Is Changed, Reflecting An Alteration In Ownership: Supreme Court Motor Accident Claim | Compensation Must Aim To Restore, As Far As Possible, What Has Been Irretrievably Lost: Supreme Court Awards Rs. 1.02 Crore Personal Criticism Of Judges Or Recording Findings On Their Conduct In Judgments Must Be Avoided: Supreme Court Efficiency In Arbitral Proceedings Is Integral To Effective Dispute Resolution. Courts Must Ensure That Arbitral Processes Reach Their Logical End: Supreme Court Onus Lies On The Propounder To Remove All Suspicious Circumstances Surrounding A Will To The Satisfaction Of The Court: Calcutta High Court Deeds of Gift Not Governed by Section 22-B of Registration Act: Andhra Pradesh High Court Testimony Of  Injured Witness Carries A Built-In Guarantee Of Truthfulness: Himachal Pradesh High Court Upholds Conviction for Attempted Murder POCSO | Conviction Cannot Be Sustained Without Conclusive Proof Of Minority - Burden Lies On The Prosecution: Telangana High Court Credible Eyewitness Account, Supported By Forensic Corroboration, Creates An Unassailable Chain Of Proof That Withstands Scrutiny: Punjab and Haryana High Court Jammu & Kashmir High Court Grants Bail to Schizophrenic Mother Accused of Murdering Infant Son

Ordinary Residence of Minor Determines Jurisdiction: Karnataka High Court in Child Custody Case

07 May 2024 8:19 AM

By: Admin


In a pivotal decision, the Karnataka High Court has overturned an order by the III Additional Principal Family Judge, Mysuru, regarding the territorial jurisdiction in a child custody dispute. The judgment, delivered by Justice M. Nagaprasanna, emphasizes that jurisdiction in such matters lies where the minor ordinarily resides, reaffirming established legal principles and the welfare of the child.

Background: The case involved Samiulla Saheb and Mubeen Taj, the grandparents of a minor child, who challenged the jurisdiction of the Family Court in Mysuru. The child, who has been living with the petitioners in Chamarajanagar district since the death of their daughter, was sought for custody by the respondent, Mohammed Sameer, the child’s father residing in Mysuru. The Family Court had previously rejected the petitioners’ application to transfer the case to Chamarajanagar, prompting the appeal to the High Court.

Emphasis on Ordinary Residence: The High Court highlighted that the primary consideration for determining jurisdiction in child custody cases is the “ordinary residence” of the minor. Justice Nagaprasanna referenced Section 9 of the Guardians and Wards Act, 1890, stating, “The law directs that the application for guardianship of a minor should be filed before the court where the minor child resides, as only that court is conferred with jurisdiction.”

Rejection of Family Court’s Interpretation: The Family Court had rejected the petitioners’ application for the return of the plaint, focusing instead on the parents’ residence. The High Court found this interpretation flawed, asserting that the minor’s place of residence is the decisive factor. “It is trite law that a court without jurisdiction, even if it has travelled up to the stage of reserving the matter for its judgment, would be a proceeding which is a nullity in law,” the High Court observed.

The High Court’s decision is rooted in a comprehensive interpretation of Section 9 of the Guardians and Wards Act and relevant case law. The judgment referenced the Supreme Court’s ruling in Ruchi Majoo v. Sanjeev Majoo (2011) to clarify that the ordinary residence of the minor child determines jurisdiction. The court dismissed the Family Court’s reliance on Section 20 of the Code of Civil Procedure (CPC) as incompatible with the specific provisions of the Guardians and Wards Act.

Justice Nagaprasanna emphasized, “Ordinary residence would depend upon the intention of the parties to make the child stay in that place which would be a matter of evidence. It is not where the father or mother resides that would confer jurisdiction, but it is where the child resides.”

The High Court’s decision reinforces the legal framework for determining jurisdiction in child custody matters, prioritizing the child’s ordinary residence. By quashing the Family Court’s order, the High Court has ensured that the case is heard in the appropriate jurisdiction, thereby safeguarding the procedural rights of the minor and upholding the principles of justice. This ruling is expected to have a substantial impact on future cases, guiding courts to adhere strictly to the residence criteria set forth in the Guardians and Wards Act.

Date of Decision: 22nd April 2024

Samiulla Saheb & Anr. V. Mohammed Sameer

Similar News