• Philip David Dexter Versus State NCT Of Delhi

  • Citation: Philip David Dexter Versus State NCT Of Delhi & Anr., CM No. 1107/2013 in FAO No. 29/2013 & WP(Crl.) No.1562/2012, Judgment Dated: 02.04.2013, Bench: Pradeep Nandrajog & Pratibha Rani, JJ., Delhi High Court, Citations: 2013(135) DRJ 537: 2013(2) Crimes 208(LN) [Full PDF Judgment]

    1. Dr.Neeta Misra, the appellant in FAO No.29/2012, challenges the order dated April 03, 2012 passed by Shri K.S.Mohi, Family Court Judge. Her petition filed under Sections 7, 8, 10 and 11 of the Guardians and Wards Act 1890 registered as G.P.No.49/2011, for being appointed as a guardian of the minor girl child born on June 19, 2006 to her during the subsistence of her marriage with the respondent, Philip David Dexter, and for custody of the said minor girl child has been dismissed. The view taken by the learned Judge, Family Court is that the Family Court at Delhi lacks territorial jurisdiction, inasmuch as Section 9 of the Guardians and Wards Act 1890 confers territorial jurisdiction on such District Court within jurisdiction whereof the minor ordinarily resides. The respondent in the Appeal, Philip David Dexter is the writ petitioner in WP(Crl.) No.1562/2012. He prays therein that the minor daughter be directed to be produced in Court by Dr.Neeta Misra and her custody be given to him.

    2.  In the appeal and the writ petition, we are therefore concerned with a little girl child born on June 19, 2006, who would be aged 6 years and 9 months as of date; far away from the age of adolescence. To respect the anonymity of the child and at the same time not to undermine her persona by labeling her with a letter, we shall give her a name for the purpose of our decision. We shall call her: `Hope'.

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