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Shri Jiban Krishna Das vs Smt. Kabita Das @ Paul on 27 August, 2018


S/L 13
Ct. No. 6

C.O. 1273 of 2018

Shri Jiban Krishna Das

Smt. Kabita Das @ Paul

Mr. Baidurya Ghosal
… for the Petitioner.

Mr. Jisan Iqubal Hossain
Mrs. Rima Das
… for the opposite party.

This is an application under Section 24 of the Code of Civil Procedure seeking

transfer of Act VIII Case No.26 of 2014 currently pending in the Court of learned

Additional District Judge, 2nd Court, Siliguri, Darjeeling.

It is the specific case of the husband that being a Police Officer while he was posted

at Siliguri, he filed a case for guardianship in the court at Siliguri, District Darjeeling.

The said proceeding was initiated in the year 2014 and since then it is pending.

Now since on transfer the husband has been posted at Cooch Behar, it is difficult for him

to carry two minor children on each occasion, when the matter is fixed for hearing to the

court at Siliguri.

Whereas the learned Counsel appearing for the wife submits that although she is a

housewife, it would be difficult for her to travel all through from Bhaktinagar, her place of

residence, to the proposed court whether the matrimonial suit has been sought to be

transferred by the husband. However, she agrees that such arrangement can be made

provided the husband pays a consolidate amount towards the travelling allowance as well

as other incidental costs including cost for stay in a hotel.

According to the provisions of Guardians and Wards Act, the jurisdiction of the

court is decided on the basis where the minor or minors originally resides. In this case, it

is not disputed that the children are in the custody of the father and also the said minor

children are residing with their father at Cooch Behar. Therefore, for the purpose of

ascertaining jurisdiction under Section 9 of the said Act, “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”, therefore, the court

having jurisdiction should be the court of the learned District Judge, Cooch Behar.

Accordingly, this court directs that the Act VIII Case No.26 of 2014 be withdrawn

from the Court of learned Additional District Judge, 2nd Court, Siliguri, Darjeeling and be

transferred to the Court of the learned District Judge at Cooch Behar who in turn may

assign the same before any other additional court of the District.

In the event such transfer is effected, for each days hearing and attending the court

at Cooch Behar, the petitioner shall pay a consolidated sum of Rs.3,000/- (Rupees Three

Thousand only) to the wife/opposite party towards travelling allowance, hotel costs,

fooding and other allied costs.

The husband/petitioner is directed to deposit the said costs in the learned

Transferee court on each day of hearing and the wife/opposite party shall be at liberty to

withdraw the sum from the said Court. Since the matter is pending for a long time, the

transferee court is directed to dispose of the same at an early date without granting

unnecessary adjournment to either of the parties.

With these observations, C.O. 1273 of 2018 is disposed of.

(Sahidullah Munshi, J.)

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