Jammu & Kashmir High Court
Radha Rani vs Teras Kumar @ Tarus Kumar on 1 January, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
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Sr. No. 35
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: MA No. 51/2024
Radha Rani. ...Petitioner(s)/Appellant(s)
Through: Mr. Ankesh Chandel, Advocate.
V/s
Teras Kumar @ Tarus Kumar. .... Respondent(s)
Through:
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
01.01.2025
01. The appellant as being mother of two minor children namely Charvi
daughter, aged 08 years and Vihaan son, aged 04 years petitioned before the
Additional Principal Court, Family Judge, Jammu under section 47 of the
Guardian and Wards Act, 1890 read with section 19
of the Family Court Act, 1984 for having the custody of said two children from
the respondent-Tejas Kumar who being her husband having forcibly removed
said two children from the actual custody of the appellant.
02. The appellant as well the respondent are not the original natives of UT of
Jammu and Kashmir as they are from Chattisgarh but have been staying in
Jammu on account of their occupation and that is the reason that the cause of
action to have petition before the Additional Principal Court Family Judge,
Jammu accrued while being in Jammu along with her two children and also the
respondent staying in Jammu.
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03. The Court of Additional Principal Court Family Judge Jammu, vide an
order date 23.11.2024 on file No. 132/2023, has come to dismiss the petition of
the appellant holding her not entitled to have custody of her said two children on
account of being deficient of sufficient resources to cater the needs and welfare of
the children and as such held the respondent an appropriate person with whom
the children need to reside and stay.
04. It is this adjudication which has led the appellant to come in the present
appeal. Learned counsel for the appellant submits that before the outcome of the
guardianship petition, the respondent had shifted himself along with the two
children to Chattisgarh and that is the reason the respondent is being now referred
to be resident of village Limtrta PO Darri Ghat
Tehsil Masturi District Bilaspur, Chattishgarh.
05. Admit.
06. Issue notice to the respondent.
07. Service of notice to take place by issuance of summons by the Registrar
Judicial Jammu to be sent by registered post to and served by the District Court
Bilaspur, Chattisgarh, PIN Code 495001.
08. List on 3rd March 2025.
09. Send for the record of file No. file No. 132/2023 from the Court of learned
Additional Principal Court Family Judge Jammu, before the next date.
(RAHUL BHARTI)
JUDGE
Jammu
01.01.2025
Sunita/PS
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