Parental jurisdiction of guardian court

Father sought direction of High Court to place name of his son/minor on Exit Control List (ECL) to ensure minor not to leave territorial jurisdiction of High Court

Mother raised objection on maintainability of constitutional petition and contended that the matter was already sub judice before Guardian Court who had parental jurisdiction for the matter in hand

Validity

Record revealed that father himself had admitted that he had already filed petition under S. 25 of the Guardians and Wards Act, 1890 for the custody of the minor in which the Guardian Court had restrained the mother to remove the minor from the territorial jurisdiction of the court without prior permission

Guardian Court had also directed the mother to produce the minor along with his passport before the Guardian Court

Record also depicted that, with the mutual consent of the parties before the Guardian Judge, a meeting of father/petitioner was arranged with the minor in presence of Bailiff by the Guardian Court

Appearance of the parties with consent before the Guardian Court, due to which the father/petitioner had met the minor and had also obtained order for staying the guardianship of minor pursuant to the filing of constitutional petition, prime facie showed that there was no apprehension of removing the minor out of country

High Court observed that Guardian Court, who was seized of the matter, shall decide all pending applications of the parties and pass appropriate orders in accordance with law

Constitutional petition was dismissed accordingly.