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Guardians act 1980 jurisdiction
26-Mar-2025 (In Divorce Law)
I am mother of 2 sons. I am hindu from ahmedabad and married in udaipur. After 12 years of marriage, due to some reason I had to leave my husband and return back with my kids to ahmedabad. Since 2 years I am in ahmedabad with my kids. My husband has filed wards and guardianship case from udaipur. Can he file this case from udaipur as Children are staying in ahmedabad since 2 years
No, he may not file such applications in Rajasthan Court due to lack of territorial jurisdiction . Secular and cemtral law applicable to all Indians as section 9 of Guardian and Wards Act 1890 is very clear on this. Recently Hon'ble Supreme Court of India has also declared that, child's welfare is paramount and mother is preferred natural guardian over all other relatives in the light of Lahari SakhaMuri v. Sobhan Kodali 2019 7 SCC 311.
You may protest such applications and get them transferred to Ahmedabad Court directly. Feel free to connect with your documents, details and facts. Adv SOHAM DESAI ♦️.
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Adv. Soham Desai
Vadodara | 400+ Answers
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Namaste Ma’m,
What is the age of both the children? Do you file any applications against your husband in Ahemdabad ?
When your husband filed a case of guardianship? He cannot file a case at Udaipur as both the sons lives in Ahemdabad… for more details contact Adv Khevna Reshamawala
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Adv. Khevna R Reshamwala
Vadodara | 50+ Answers
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