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Goutam Guchait & Ors vs Nabyandu Sekhar Shaw & Anr on 20 February, 2020

1

20.02.2020

Item no. 19

Dd CO 1767 of 2019

Goutam Guchait Ors.

Vs.

Nabyandu Sekhar Shaw Anr.

Mr. Deb Kumar Chandra
… … For the Petitioners

This is an application under Section 24 of the Code of Civil
Procedure praying for transfer of Act VIII, Case 13 of 2016 pending
before the learned District Judge, Purba Medinipur at Tamluk filed by
the maternal grant parents and matrimonial uncle of the minor child
of the opposite party and one Kakuli Sau (since deceased) for transfer
the case to a Court of competent jurisdiction in Kolkata.

It is alleged by the petitioners that marriage of late Kakuli Sau
had solemnized with Nabyandu Sekhar Shaw, the opposite party no. 1
in the year 2006. In the said wedlock Kakuli Sau gave birth to a male
child on 14th June, 2008. Unfortunately, Kakuli Sau died on 4th June,
2013. It was decided by and between two families that the minor
child of Kakuli Sau and Nabyandu would stay under the care and
custody of the petitioners, being maternal grand parents and uncle till
attainment of his majority. Accordingly, after the death of Kakuli Sau
the said child has been ordinarily residing at the paternal home of his
deceased mother. He is now a student of Class-VII in Mitra
Institution (Main).

Section 9(1) of the Guardian and Wards Act states –

2

“S.9. Court having jurisdiction to entertain
application. –

(1) If the application is with respect to the guardianship of
the person of the minor, it shall be made to the District Court
having jurisdiction in the place where the minor ordinarily
resides.”

From the averment made by the petitioners in the application, it
is ascertained that the minor has been ordinarily residing from 2013
till date at Kolkata. The residential address of the petitioners is at
41/B, Bechu Chatterjee Street, Amherst Street, Kolkata which is
within the jurisdiction of the learned Chief Judge, City Civil Court,
Kolkata. Therefore, the learned District Judge, Purba Medinipur at
Tamluk has no territorial jurisdiction to entertain an application under
Section 25 of the Guardian and Wards Act filed by the opposite party.

Since the learned Chief Judge, City Civil Court, Calcutta has the
exclusive jurisdiction to try Act-VIII Case 13 of 2016 under Section 25
of Guardian and Wards Act, the said Misc. case is transferred to the
Court of learned Chief Judge, City Civil Court, Kolkata. A copy of this
order be sent to both the Courts below for information and necessary
action.

Civil Revision, being CO. 1767 of 2019, is disposed of.
Urgent photostat certified copy of this order, if applied for, be
supplied to the learned advocates for the parties on usual
undertaking.

(Bibek Chaudhuri, J.)

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