Karnataka High Court Asif Shamim vs Farah Razvi Shamim on 1 October, 2024 1 NC: 2024:KHC:46145 WP No. 5774 of 2024 DATED THIS THE 1ST DAY OF OCTOBER, 2024 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5774 OF 2024 (GMFC) BETWEEN: ASIF SHAMIM SON OF MR. S.M. SHAMIM EQBAL, AGED ABOUT 44 YEARS, RESIDING AT FLAT NO.803, T7,L AND T EMERALD ISLE, SAKI VIHAR ROAD, POWAI, MUMBAI400 072. ...PETITIONER (BY SRI. PRADEEP S. SAWKAR, ADVOCATE) AND: FARAH RAZVI SHAMIM WIFE OF MR. ASIF SHAMIM, AGED 41 YEARS, RESIDING AT NO.176, B.G. ROAD, NANDI DEEPA APARTMENT, TEJASWINI NAGAR, BANNERGHATTA ROAD, HULIMAVU, BANGALORE560 076. Digitally signed ...RESPONDENT by MEGHA MOHAN (BY SRI. ARUN GOVINDRAJ, ADVOCATE) Location: HIGH COURT OF KARNATAKA THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS OF G AND WC NO.98/2022 PENDING ON THE FILE OF THE II ADDITIONAL FAMILY JUDGE, BENGALURU AND ISSUE A WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER DATED 03.07.2023 BY I/C II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU (ANNEXURE H), PASSED IN G AND WC NO.98/2022 ON INTERLOCUTORY APPLICATION U/S 9(1) OF THE GUARDIANS AND WARDS ACT, 1890 R/W ORDER VII RULE 11(D) OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING RETURN OF PETITION FOR WANT OF TERRITORIAL JURISDICTION (I.A.NO.5), AND 2 NC: 2024:KHC:46145 WP No. 5774 of 2024 CONSEQUENTLY DISMISS G AND WC NO.98/2022 FOR LACK OF TERRITORIAL JURISDICTION. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 10/06/2024, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CAV ORDER Aggrieved by the orders passed on I.A.Nos.V and VII in G&W.C.No.98/2022 dated 03.07.2023 by the II Additional Principal Judge, Family Court at Bengaluru, the petitioner/father is before this Court. 2. It is the case of the petitioner/father that the marriage has taken place as per the Islamic traditions, as per the nikah dated 24.02.2008 at Bengaluru. Out of the wedlock, they are blessed with two children. One daughter is aged around 11 years and the son is around 8 years. They set up their matrimonial home in Mumbai in 2013. Later, as the father was transferred to Dubai, the family moved to the Dubai and the son born in Dubai. Thereafter, they returned to Mumbai in April 2017. All through the marriage, the respondentwife has behaved in a selfcentred, arrogant, disrespectful and irresponsible manner. On 07.04.2022, 3 NC: 2024:KHC:46145 WP No. 5774 of 2024 since it had become intolerable for the father to suffer any longer at the hands of the mother or to live or stay married to the wife, he had a conversation with the wife about getting a divorce by mutual consent. It is his case that on 09.04.2022, she left Mumbai along with children and she came to Bangalore. Thereafter, on 13.04.2022, the mother had filed G & W.C.No.98/2022 under Sections 7, 10 and 17 of the Guardian and Wards Act, 1890 (hereinafter referred to as 'the G&W Act' for short) before the Family Court, Bengaluru praying for a declaration that she may be appointed as sole guardian and custodian of the person and property of both minor children along with the interlocutory application seeking injunctive reliefs against the father. He has filed an application seeking return of the petition for want of territorial jurisdiction by way of I.A.No.5 as ordinary place of residence of the children was Mumbai and not Bangalore. On 29.11.2022, the mother h