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Ruma Bhattacharjee (Roy) vs Tusar Bhattacharjee on 27 February, 2020

1

27.02.2020

suman 34
Ct.17
C.O. 3135 of 2019

Ruma Bhattacharjee (Roy)
Vs.

Tusar Bhattacharjee

Mr. Monish Sen
Ms. Oisani Mukherjee
Ms. Antara Pathak
…for the petitioner

This is an application filed by the wife of the opposite

party praying for transfer of Act VIII Case no.251 of 2018

from the Third Court of the learned Additional District Judge,

Barrackpore, North 24 Parganas to the Court of the learned

District Judge, Paschim Bardhaman at Asansol or any other

Court of competent jurisdiction for trial and disposal.

Marriage between the parties was solemnized on 25th

January, 2013. In the said wedlock the petitioner gave birth

to a male child on 27th November, 2016. It is alleged that the

petitioner was driven out from her matrimonial home along

with her minor child on 25th May, 2017. After being driven

out the petitioner has been residing at her matrimonial home

at Durgapur with her minor child since 2017. The opposite

party being the father of the said minor child has filed an
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application under Section 7 and 10 of the Guardians and

Wards Act read with Section 6 of the Hindu Minority and

Guardianship Act praying for custody of the minor’s person.

The petitioner has prayed for transfer of the said proceeding

to the Court of the learned District Judge, Paschim

Bardhaman or to the Court of a competent jurisdiction at

Durgapur.

Section 9 of the Guardians and Wards Act prescribes

the jurisdiction where an application under the said Act is to

be filed. Section 9(1) of the said Act deals with the territorial

jurisdiction in respect of an application of the minor’s

person. It is specifically enacted that when an application is

for custody of the person of the minor, it will be filed to the

Principal Court of Civil jurisdiction of the district “where the

minor ordinarily resides.” In the instant case though the

opposite party entered appearance on 6th January, 2020

through the learned advocate and prayed for filing affidavit-

in-opposition, today when the matter was called on for

hearing, the opposite party remains unrepresented.

In view of the statutory provision contained in Section

9 (1) of the said Act the learned District Judge, West

Burdwan being the Principal Court of civil jurisdiction of the
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district has the territorial jurisdiction to try the instant

application.

For the reasons stated above, I am of the view that

the learned Additional District Judge, Third Court at

Barrackpore lacks territorial jurisdiction to try Act VIII Case

No.251 of 2018.

Accordingly, the application under Section 24 of the

Code of Criminal Procedure is allowed, however, without

cost.

Act VIII Case No.251 of 2018 be transferred to the

Court of the learned District Judge, West Burdwan for trial

and disposal from the Third Court of the learned Additional

District Judge, Barrackpore, North 24 Parganas.

Let a copy of this order be sent to both the Courts

below for information and compliance through department.

Urgent photostat certified copy of this order, if applied

for, be given to the learned advocates for the parties on

usual undertakings.

(Bibek Chaudhuri, J.)

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