Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66780-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 429 of 2025 Appellant :- Arun Verma Respondent :- Sanjeev Kumar Counsel for Appellant :- Ajatshatru Pandey,Sarfaraz Ahmad Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1.Mr. Sarfaraz Ahmad, learned advocate appears on behalf of appellant and submits, his client is father. He had approached the Family Court, Ghaziabad for custody of his minor daughter, his wife being no more. By impugned order dated 18th March, 2025 the petition was returned for filing before competent Court having jurisdiction. With reference to order sheet recording admission of the petition on 5th August, 2020 he submits, rejection of it five years later on the ground of territorial jurisdiction, requires interference by this Court. His client being aggrieved has preferred the appeal, presented in time.
2. On query we have ascertained that the child is resident with respondent (maternal grand father) at Etawah. That is a jurisdictional fact. As such the learned Judge did not commit any error. However, appellant had filed for custody almost five years ago.
3. The appeal is maintainable but instead of directing issuance of notice of appeal we exercise our revisional jurisdiction
under sub-section (4) in section 19 of Family Courts Act,
1984. We direct petitioner to forthwith present the petition before the Family Court having jurisdiction. In view of long lapse of time, the competent Family Court, upon receipt of the petition, will proceed to adjudicate it with expedition. For the purpose we direct petitioner to communicate certified copy of this order along with filing the petition to said Court. Petitioner will also communicate website copy of this order to respondent. Considering respondent had entered appearance before the Family Court at Etawah, petitioner might also communicate through learned advocate of respondent engaged in that Court.
4. With above directions the appeal is disposed of. Order Date :- 29.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad