Jammu and Kashmir High Court
CM(M)/120/2026 of REYAZ AHMAD BHAT Vs SAIMA on 21 April 2026
No.201 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 120/2026 CM(2051/2026) REYAZ AHMAD BHAT …Appellant(s)/Petitioner(s) Through: Mr. M. M. Dar, Advocate with Ms. Saiqa Jan, Advocate Vs. SAIMA ...Respondent(s) Through: None CORAM: HON’BLE MR.
Serial No.201
Supplementary Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 120/2026 CM(2051/2026)
REYAZ AHMAD BHAT
…Appellant(s)/Petitioner(s)
Through:
Mr. M. M. Dar, Advocate with
Ms. Saiqa Jan, Advocate
Vs.
SAIMA
...Respondent(s)
Through: None
CORAM:
HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.
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ORDER
21.04.2026
1. Petitioner, through the medium of this petition, seeks setting aside of the proceedings initiated without territorial jurisdiction as per the mandate provided under Section 9 of the Guardians and Wards Act, as well as the order passed in a petition filed before the Family Court, Srinagar.
2. Learned counsel for the petitioner submits that the parties are admittedly residents of District Budgam, and the child, whose custody was sought, was with the petitioner herein, who, as per the admitted position, is also a resident of District Budgam, as such, the Family Court, Srinagar, has no jurisdiction to entertain the petition for deciding the matter of guardianship and has proceeded in the matter without jurisdiction.
3. On a question asked to the learned counsel for the petitioner that whether this plea has been raised before the court below, he replied in negative, as such, this petition being misconceived at this stage, is disposed of with liberty to the petitioner to approach the court below with the plea of lack of jurisdiction. If such a plea is raised by the petitioner before the court below, the Family Court shall consider the matter and take a decision thereon with regard to the jurisdiction firstly, before proceeding further in the matter.
4. The Court below shall also ensure that the custody of the child is not unilaterally shifted, without deciding the matter finally.
5. Accordingly, the instant petition is disposed of in the above terms.
(M. A. CHOWDHARY)
JUDGE
SRINAGAR: 21.04.2026 “Adil Ismail”