This revision is directed against the order dated 16.8.2010 passed by District Judge Rampur in Misc. Case No.10 of 2009, Smt. Shandar Khan vs. Mazhar-Ul-Islam, under Sections 7, 10 and 25 of the Guardians and Wards Act directing the revisionist (husband) to produce the children in court on 21.8.2010.
The submission of Sri A.K. Singh, learned counsel for the revisionist (husband) is that the impugned order is without jurisdiction and it wrongly states that the parties consented for the production of the children on the date fixed. According to him both the children are in custody of the revisionist (husband) and they are studying in schools at Dehradun and at Kanpur. None of them are resident of Rampur and as such the application at Rampur is not maintainable.
Revisionist (husband) has already moved application dated 17.2.2010 raising question of jurisdiction of the court before the court below. The said application is pending. In deciding the question of jurisdiction of the court and maintainability of the application, prima facie the place of residence of the children is to be ascertained. Therefore, I do not consider it to be proper to deal with the aforesaid aspect in revision. Accordingly revision is disposed of with the direction to the court below to first consider and decide application dated 17.2.2010 of the revisionist(husband) with regard to the jurisdiction of the court before proceeding with the merits of the case. The aforesaid application shall be considered and decided in accordance with law as expeditiously as possible preferably within a period of 6 weeks from the date of production of the certified copy of this order which should be produced within two weeks from today. It is made clear that this order will not affect the right of the mother to meet and visit the two minor children.
Order Date :- 11.10.2010 piyush