Judgment M.M.Kumar, J. 1. This is husbands petition filed under Article 227 of the Constitution with a prayer that the order dated 3.5.2003 passed by the Civil Judge (Sr. Div.), Ambala allowing the wife-respondent No. 1 visiting rights to the son be set aside. 2. The wife-respondent has filed an application under Section 25 under the Guardian and Wards Act, 1980 (for brevity the Act) with a prayer that husband-petitioner be directed to handover the custody of the minor son i.e. master Ankur to her, who is aged about 9 years. Reply to the petition as welt as replication were filed and various objections in the reply filed by the husband-petitioner were taken including the objection that the Courts as Ambala do no possess territorial jurisdiction under Section 9 of the Act. It has been submitted that under Section 9, an application could have been filed before the District Judge having jurisdiction over the place where the minor ordinarily resides. According to the averments made in the reply, the stand taken by the husband-petitioner is that the minor child ordinarily resides at Amritsar and the Courts at Ambala would have jurisdiction. The Civil Judge (Senior Division), Ambala, while exercising jurisdiction as a guardian Judge has passed the order allowing interim prayer of wife-respondent No. 1 to visit her son. The operative part of the order reads as under:- "As far as the present petition is concerned the bare perusal of the application as well as reply of the above said application reveals that the factum of marriage of applicant with the respondent No. 1 and the birth of minor Ankur from this wedlock is an admitted fact. In such circumstances it is also proved automatically that the applicant is the natural mother of the minor Ankur, As per reply filed by the respondent Ankur was born in the year 1995, which shows that at present he is eight year old. It is also admitted that minor Ankur is residing with respondent at Amritsar.
In such circumstances it is also proved automatically that the applicant is the natural mother of the minor Ankur, As per reply filed by the respondent Ankur was born in the year 1995, which shows that at present he is eight year old. It is also admitted that minor Ankur is residing with respondent at Amritsar. Keeping in view the above-mentioned factors in my opinion the applicant being natural mother has natural love and affection for her only son named Ankur who is residing with the respondents, There may be matrimonial disputes or other problems between the applicant and the respondents but in my opinion, the natural love and affection of the minor child for her mother cannot be snatched away due to this kind of disputes and in my opinion it shall be in the benefit and for welfare of the minor if he is allowed to meet her natural mother occasionally. 5. In view of the above-mentioned observations the application mentioned above is hereby allowed. The applicant is hereby permitted to meet her minor son. Ankur on alternative Sundays at Amritsar. The respondents are directed to make arrangement on every alternative Sunday (till final disposal of the petition) for meeting of minor Ankur with her mother (applicant) as directed above." 3. Mr. B.R. Mahajan, learned counsel for the husband-petitioner has argued that no proceedings could continue at Ambala because the child ordinarily resides at Amritsar and any application under Section 25 could have been filed only at Amritsar. The learned counsel has also contended that the issue with regard to jurisdiction should have been first decided and then any interim order should have been passed. 4. After hearing the learned counsel, I do not feel persuaded to entertain this petition because the Civil Judge has allowed interim prayer of the wife-respondent and has permitted her to visit her son. In such like matters Courts are required to adopt an approach reflecting parental attitude. It necessarily implies that the paramount consideration is welfare of the child. The Courts at Ambala has passed an interim order but the issue with regard to jurisdiction is yet to be decided. Therefore, this petition is liable to be dismissed. 5. For the reasons recorded above, this petition fails and the same is dismissed.
It necessarily implies that the paramount consideration is welfare of the child. The Courts at Ambala has passed an interim order but the issue with regard to jurisdiction is yet to be decided. Therefore, this petition is liable to be dismissed. 5. For the reasons recorded above, this petition fails and the same is dismissed. However, the Civil Judge (Senior Division) Ambala is directed to dispose of the issue with regard to jurisdiction at the earliest preferably within a period of four months from today. The petition stands dismissed.