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Judgment
Mr. Dwivedy, learned advocate appears on behalf of appellant-father. He submits, by impugned judgment dated 24th June, 2023 his client’s petition made under section 6(a) of Hindu Minority and Guardianship Act, 1956 was dismissed citing lack of jurisdiction under section 9 of the Guardians & Wards Act, 1890.
Mr. Mishra, learned advocate appears on behalf of respondent (mother). He submits, the minor son is a natural born citizen of United States of America (U.S.A.). The Courts in that country have domain over the matter relating to his custody.
We by our order dated 11th January, 2024 had put queries to appearing learned advocates, requiring their assistance. Paragraphs-2 and 3 from our order dated 11th January, 2024 are reproduced below.
“2. We require assistance. Section 8 in Hindu Minority and Guardianship Act, 1956 by sub-section (5) makes Guardians and Wards Act, 1890 applicable in respect of an application for obtaining permission of the Court under sub-section (2). Sub-section (2) in section 8 specifies what all the natural guardian cannot do in respect of the ward without previous permission. Petitioner in claiming to be natural guardian is not seeking permission to do any of those acts mentioned in sub-section (2). Hence, it is to be examined whether Guardians and Wards Act, 1890 applies to petitioner’s claim for custody on being natural guardian as under section 6(a). Court also requires assistance on sub-section (2) in section 1 providing for the Guardianship Act as has been extended to the whole of India and to apply also to the Hindus domiciled in the territories to which this Act extends, who are outside the said territories.
Parties will be accordingly heard.”
Learned advocates at the Bar could not demonstrate that permission was necessary to be obtained from the family Court for proceeding with the case. In the circumstances it cannot be said the Court lacked jurisdiction.
Impugned judgment is set aside in appeal and the case restored to the family Court for hearing on merits.
The appeal is allowed and disposed of.
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