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Banasree Halder vs Utpal Halder on 21 March, 2017

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                           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
2

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
3

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.
4

Certified website copies of the order, if applied for,

be urgently made available to the parties on usual

undertaking.

(Ashis Kumar Chakraborty, J)

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