- 1 - NC: 2025:KHC-D:3042-DB MFA No. 105924 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 105924 OF 2024 (GW) BETWEEN: MANUMALA PRABHUDAS S/O LATE YESAIAH AGE. 39 YEARS, OCC. GOVERNMENT OF SERVICE, R/O. BASEMENT, HOUSE NO. 317, JANTA COLONY, GADAG ROAD, HUBBALLI-580020. …APPELLANT (BY SRI. ROHIT L. SHEELVANT, ADVOCATE) AND: SMT. M. RANI W/O MANUMALA PRABHUDAS AGE. 30 YEARS, OCC. HOUSEHOLD WORK, C/O. SUVARTHAMMA W/O LATE PALLE ESAIAH, HOUSE NO.444, HANUMANGALLI, RAMANAGAR, TQ. JOIDA, DIST. KARWAR-591301. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS MFA IS FILED U/S.47 OF GUARDIAN AND WARDS ACT R/W SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO, ALLOW THIS APPEAL, SET ASIDE THE ORDER DATED 08.11.2023, PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN G & W NO.1/2021 AND THE SAID CASE MAY KINDLY BE ORDERED TO BE RESTORED ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3042-DB MFA No. 105924 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is by the father of children, Ms. Prerana and Ms. Prashaunsa [hereafter referred to as, ‘the minors]. The appellant is aggrieved by the order dated 08.11.2023 in G & WC No.1/2021 on the file of the Family Court Judge, Hubballi [for short, ‘the Family Court’]. The Family Court, by this impugned order dated 08.11.2023, has dismissed the appellant’s application under Section 25 of the Guardians and Wards Act., 1890 [G & WC Act] on the ground of lack of jurisdiction citing Section 9 thereof. 2. The undisputed facts are that the appellant and the respondent are the parents of the minors, and the appellant has filed his application under Section 25 of the G & WC Act in No.1/2021 for the custody of the minors. The Family Court has disposed of this application by its order 19.02.2022 granting custody of the elder minor to the appellant along with visiting rights to the younger minor. The Family Court has also granted visiting rights to the - 3 - NC: 2025:KHC-D:3042-DB MFA No. 105924 of 2024 respondent to meet the elder minor. The Family Court’s order dated 19.02.2022 is carried in appeal before this Court in M.F.A. No.101930/2022, which is disposed of by a Co- ordinate Bench of this Court on 15.09.2023 restoring the proceedings to the Family Court with liberty to the parties to lead evidence. 3. The appellant and the respondent have led evidence in terms of the liberty granted, and the Family Court has examined the question of its jurisdiction to entertain the application in the light of the provisions of Section 9 of the G & WC Act and the unimpeachable evidence on record that [a] the minors are born in hospitals at Hubballi on 30.08.2009 and 25.11.2013 respectively, [b] the respondent has left the matrimonial home in Hubballi in the month of April 2018 along with her minor to reside with her parents in Ramnagar, Joida Taluk, Karwar District, [c] the respondent has admitted these minors at Mount Carmel CBSE School, Ramnagar, Joida Taluk, Karwar in the year 2018-19 and the minors have continued studying in the - 4 - NC: 2025:KHC-D:3042-DB MFA No. 105924 of 2024 same school, [d] the respondent’s parents have been residents of Ramnagar, Joida Taluk, Karwar. 4. The Family Court has opined that these facts and circumstances demonstrate that the minors also ordinarily reside in Ramnagar, Joida Taluk, Karwar and an application for custody and visiting rights must necessarily be examined by the Court within whose jurisdiction the minors ordinarily reside in view of the provisions of Section 9 of the G & WC Act. At this stage, this Court refer to the decision of a Co-ordinate Bench of this Court in Abraham G. Karimpanal v. Nil1, while considering the import of the expression ordinarily resides in Section 9 of the G & WC Act in the light of the decision of the Apex Court in Jeewanti Pandey v. Kishan Chandra Pandey2 has stated thus: The principles stated above and the case law noticed would not leave us in doubt that while determining the jurisdiction of a Court to entertain the application under Section 7 of the Act on the ground of residence, what is material is actual residence of the minor at the commencement of the proceedings and not a legal or 1 ILR 2004 Kar. 1840 2 (1981) 4 SCC 517 - 5 - NC: 2025:KHC-D:3042-DB MFA No. 105924 of 2024 constructive residence of such minor unless where an artificial residence is created with bad faith. 5. This Court, when the established circumstances are considered in the light of the provisions of Section 9 of the G & WC Act and the afore exposition, is not persuaded to opine that there is any irregularity in the Family Court’s impugned order that will justify interference. Therefore, the appeal, subject to all just exceptions, stands disposed of without interfering with the Family Court’s view on its jurisdiction. No costs. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 38