1 In The High Court At Calcutta 21-03-2017 sh-7 Civil Revisional Jurisdiction .
CO 2539 of 2015
Banasree Halder
v.
Utpal Halder
Mr. Satyajit Mondal
Mr. Suranjan Mondal
… for the petitioner.
This is an application under Section 24 of the Code
of Civil Procedure, 1908 at the instance of the petitioner-
wife praying for, transfer of the guardianship case filed by
the opposite party-husband under the Guardians and
Wards Act, 1890, pending before the learned District
Judge, Murshidabad at Berhampore to the Court of the
learned District Judge at Alipore, South 24 Parganas.
On July 23 a learned Single Judge of this Court
passed an interim order in this application which has
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since expired. However, from the information slip
produced by Mr. Mondal, learned advocate appearing for
the petitioner it appears that the guardianship case is still
pending before the learned District Judge, Murshidabad at
Berhampore. Further, from the affidavit-of-service filed on
behalf of the petitioner it appears that a copy of this
application was forwarded to the opposite party by Speed
Post and he has received the same. However, none
appears on behalf of the opposite party to oppose this
application. Let, the information slip produced on behalf
of the petitioner be kept on record.
The principal ground urged by the petitioner in this
application is that since the minor child has all along been
residing with her at village Pakurtala, P.S.- Raidighi,
District South 24 Parganas the learned District Judge,
Murshidabad lacks the jurisdiction to entertain the
guardianship case filed by the opposite party-husband. In
any event, an application filed by the petitioner against
the opposite party under Section 125 of the Criminal
Procedure Code, 1973 is pending before the learned
Additional Chief Judicial Magistrate at Diamond Harbour,
South 24 Parganas and the opposite party is contesting
the said proceeding. Further, she will face great hardship
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to contest the guardianship case before the Court of the
learned District Judge, Murshidabad by travelling the long
distance between her present residence at villlage
Pakurtala, P.S.- Raidighi, District- South 24 Parganas and
Berhampore.
All the aforementioned grounds urged by the
petitioner in this application remain uncontroverted by the
opposite party. In any event, the aforesaid grounds urged
by the petitioner have substantial force and I am satisfied
that the petitioner has substantiated a ground for transfer
of the guardian case as prayed for in this application.
Accordingly, the Guardianship Case No. 42 of 2014
(Sri Utpal Halder v. Smt. Banasree Halder) is withdrawn
from the Court of the learned District Judge, Murshidabad
at Berhampore and the same is transferred to the Court of
the learned District Judge at Alipore, South 24 Parganas.
The learned District Judge, Murshidabad is directed
to forthwith transmit all the records of the Guardianship
Case No. 42 of 2014 (Sri Utpal Halder v. Smt. Banasree
Halder) to the Court of the learned District Judge at
Alipore, South 24 Parganas.
With the above directions, CO 2539 of 2015 stands
allowed. However, there shall be no order as to costs.
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Certified website copies of the order, if applied for,
be urgently made available to the parties on usual
undertaking.
(Ashis Kumar Chakraborty, J)