IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.44603 OF 2017 (GM-FC) BETWEEN:
PRAMOD KUMAR SWAMI S/O. MR. RAMKISHAN SWAMI AGED ABOUT 37 YEARS RESIDING AT: #12A ROYAL PLACID, PHASE-1 1ST MAIN, HARALUR ROAD HSR LAYOUT POST BENGALURU-560 102. …PETITIONER (BY SRI SIJI MALAYIL, ADV.) AND:
SHALINI RANKAVAT W/O. PRAMOD KUMAR SWAMI AGED ABOUT 38 YEARS RESIDING AT:-1-E-9 J.N.V. COLONY BIKANER (RAJASTHAN)-334 004.
ALSO AT:CIVIL ENGINEERING DEPARTMENT POORNIMA INSTITUTE OF ENGINEERING AND TECHNOLOGY ISI-2 RIICO INSTITUTIONAL AREA POORNIMA MARG, SITAPURA JAIPUR (RAJASTHAN)-302 022. …RESPONDENT (SRI G. NAGARAJULU NAIDU, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.09.2017 VIDE ANNEXURE-A AND DIRECT THE LD. I ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU TO ACCEPT THE PETITION FILED UNDER SECTION 79 AND 25 OF THE GUARDIAN AND WARDS ACT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Siji Malayil, learned counsel for petitioner and Sri G. Nagarajulu Naidu, learned counsel for respondent.
2. The writ petition is admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 04.09.2017 passed by the I Additional Principal Judge, Family Court, Bangalore, by which the Family Court has held that it has no territorial jurisdiction to entertain the petition filed by the petitioner under Sections 7, 9 and 25 of the Guardians and Wards Act, 1890 on the ground that the children born out of the said wedlock are residing in Bikaner, Rajasthan.
4. After arguing the matter to some extent, learned counsel for the petitioner seeks leave of this Court to withdraw the petition with liberty to file the aforesaid petition before the competent Court having jurisdiction.
Accordingly, the writ petition is disposed of with the aforesaid liberty.
Sd/- JUDGE ST