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2020 DIGILAW 365 (CAL)

Sarbajaya Murmu v. Ramkrishna Hembram

2020-03-05

BIBEK CHAUDHURI

body2020
JUDGMENT Bibek Chaudhuri, J. - The petitioner and the opposite party are legally married couple. Both of them are working in a high position under the Department of Health, Government of India. Marriage of the petitioner was solemnized with the opposite party on 3rd March, 2012. In the said wedlock the petitioner gave birth to two children on 11th December, 2012 and 1st December, 2015 respectively. After birth of the second child, marital relationship between the parties started to become strenuous. The petitioner started leaving alone since 2015 in a rented Government Housing at Bankura. The opposite party is a medical officer posted at Purulia. In the year 2017, the opposite party filed an application under Section 6 read with Section 13 of the Hindu Minority and Guardianship Act read with Section 7 of the Guardians and Wards Act praying for his appointment as natural guardian of the said two children and custody of them. The said application was registered as Guardianship Case No.2 of 2017 in the Court of the learned District Judge at Purulia. The petitioner has prayed for transfer of the said case from the Court of the learned District Judge, Purulia to the Court of the learned District Judge, Bankura. 2. The opposite party received notice of the instant proceeding, which is apparent from the affidavit of service. Let the affidavit of service be kept with the record. 3. In spite of service of notice, the opposite party has not appeared before this Court to contest the instant application. 4. The minor children of the parties are residing with the petitioner/mother since their birth. From 2015 they are residing at Bankura. The son of the parties is a student of Bishnupada Saraswati Sishu Batika at Bankura. 5. Well-Settled is the law that the Court where the minor ordinarily reside has the territorial jurisdiction to try a proceeding under the Guardians and Wards Act, 1891 as well as Minority and Guardianship Act, 1956. 6. In the instant case, the minors are residing with their mother within the jurisdiction of the Principal Civil Court of the District of Bankura. Learned District Judge, Purulia prima facie has no territorial jurisdiction to try Guardianship Act No.2 of 2017. 7. For the reasons stated above, the instant application is allowed. 6. In the instant case, the minors are residing with their mother within the jurisdiction of the Principal Civil Court of the District of Bankura. Learned District Judge, Purulia prima facie has no territorial jurisdiction to try Guardianship Act No.2 of 2017. 7. For the reasons stated above, the instant application is allowed. Guardianship Case No.2 of 2017 pending before the learned District Judge at Purulia be transferred to the Court of the learned District Judge, Bankura for trial and disposal. 8. Let a plain copy of this order be sent to both the Courts below through the department for information and compliance. 9. Urgent photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.