Pradyut Kumar Chaubey vs Garima Kumari on 11 September, 2017

Patna High Court MJC No.2699 of 2014 dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2699 of 2014

Pradyut Kumar Chaubey son of Prakash Chandra Chaubey, resident of Mohalla

– Indra Nagar, Laliapahi, P.S. Katihar, Distt. Katihar

…. …. Petitioner
Versus
Garima Kumari W/o Pradyut Kumar Chaubey Resident of Mohalla + P.S.
Mithanpura, Distt. – Muzaffarpur

…. …. Opposite Party

Appearance :

For the Petitioner : Mr. J.S.Arora, Senior Advocate
Mr. Raghvendra Kumar Singh, Advocate
For the Opposite Party : Mr. Rajeev Ranjan, Advocate

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date: 11-09-2017

The present petition has been filed for transfer of Guardian
Case No. 5 of 2014 from the Court of learned Principal Judge, Family
Court, Muzaffarpur to the Court of learned Principal Judge, Family
Court, Katihar or Begusarai or Bhagalpur.

2. Mr. J.S. Arora, learned senior counsel appearing on behalf
of the petitioner submits that the learned Court at Muzaffarpur has no
jurisdiction to proceed in the matter inasmuch as admittedly the minor
child has been residing with the petitioner since July, 2012 and is
admitted by the opposite party herself in para 3 of her petition under
Section 6 of the Guardian and Wards Act, 1890 (hereinafter referred to
as ‘the Act’). The petitioner has raised an objection on the ground of
territorial jurisdiction in the light of Section 9 of the said Act in terms
of his petition dated 15.10.2014 (Annexure-7) before the learned
Principal Judge, Family Court, Muzaffarpur, but the said petition has
not been returned and the learned Court has continued with the
proceeding.

3. Learned counsel for the opposite party appears and has
Patna High Court MJC No.2699 of 2014 dt.11-09-2017

been heard.

4. Having considered the rival submissions of the parties,
this Court is not inclined to interfere in the matter. It is the contention
of the petitioner that the learned Principle Judge, Muzaffarpur does not
have jurisdiction in the matter and for which he has already
approached the Court with a petition 15.10.2014 against
maintainability of the subject Guardianship case.

5. In these circumstances, the Court of learned Principal
Judge, Family Court, Muzaffarpur is directed to consider and dispose of
the petition dated 15.10.2014 filed by the petitioner and first decide
the maintainability of the Guardianship case.

6. The petition stands disposed of.

(Vikash Jain, J)
Chandran/BT

AFR/NAFR NAFR
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Uploading 13.09.2017
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