Delhi High Court: Forceful Relocation of Minor Doesn't Confer Jurisdiction for Guardianship

The Delhi High Court ruled that a parent cannot claim territorial jurisdiction for a guardianship petition by forcibly relocating a minor child to a new place.  

A division bench emphasized that under Section 9 of the Guardians and Wards Act, 1890, jurisdiction lies where the minor "ordinarily resides."

The case involved a mother who brought her U.S.-born child to Delhi and filed for guardianship after 113 days.  

The court held that such a short and forceful relocation does not constitute "ordinary residence," and thus, the Delhi Family Court lacked jurisdiction to try and entertain the Guardianship petition.