Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
In the instant case, the factum of 'ordinary residence' of the minor is a disputed question of fact and thus, the question whether the Court at Ghaziabad has territorial jurisdiction to entertain the petition under Section 25 of the Guardians and Wards Act, 1890 is a mixed question of law and fact. The aforesaid question cannot be determined without holding an enquiry into the factual aspects of the controversy and without framing a distinctive issue in this regard. The scope of scrutiny at the stage of consideration of an application under Order VII, Rule 11 of Civil Procedure Code 1908 is confined only to the averments made in the petition. Thus, the question whether the Court has territorial jurisdiction being mixed question of law and fact cannot be decided by way of an application under Order VII, Rule 11 of the Civil Procedure Code, 1908. {Para 31}
IN THE HIGH COURT OF ALLAHABAD
First Appeal No. 373 of 2024
Decided On: 15.05.2024
Dheeraj Vs. Chetna Goswami
Hon'ble Judges/Coram:
V.K. Birla and Syed Qamar Hasan Rizvi, JJ.
Author: Syed Qamar Hasan Rizvi, J.
Citation: 2024:AHC:87786-DB, MANU/UP/1908/2024
