SH VIPIN KAUL vs SMT KANTA DESHWAL

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 22nd January, 2026 Pronounced on: 12th March, 2026 + CM(M) 2267/2024, CM APPL. 19991/2024 SH VIPIN KAUL .....Petitioner Through: Mr. Vipin Raina, Advocate versus SMT KANTA DESHWAL .....Respondent Through: Ms. Rachna Maheshwari and Mr. Mannu Bansal, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Article 227 of the Constitution of India, 1950, seeks the following prayers: - “a) Stay the operation of the impugned order dated 19.01.2024 and order dated 28.02.2024 till the final disposal of the present petition, in the interest of justice; Signature Not Verified Digitally Signed By:BHASKAR SINGH RAWAT CM(M) 2267/2024 Page 1 of 17 Signing Date:13.03.2026 15:10:12 b) Set aside the impugned order under suit no. GP 42/2023 for lack of territorial jurisdiction of the Hon’ble Ld. Family Court, District Saket/South, in the interest of justice. c) Pass any other or further orders which this Hon'ble court deems fit, expedient and/or appropriate in the facts and circumstances of this case. d) Award the costs in favour of the Petitioner, in the interest of justice.” 2. The present petition has been filed assailing the impugned orders dated 19.01.2024 and 28.02.2024. Vide impugned order dated 19.01.2024, the application under Section 9(1) of the Guardians and Wards Act, 1890 (for short, ‘Act’), filed on behalf of the petitioner was dismissed and he was directed to file reply/written statement to the Guardianship petition, GP No. 42/2023, filed by the respondent under Section 25 of the Act for grant of custody of Baby ‘K’, who is the granddaughter of the respondent. 3. The respondent is mother-in-law of the petitioner and maternal grandmother (naani) of the child-‘K’. The m