SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Arkabrati Singha (Neogi) vs Soujit Singha on 25 April, 2017

1

In The High Court At Calcutta
25-04-2017
sh-7
Civil Revisional Jurisdiction
.

CO 2572 of 2016
Smt. Arkabrati Singha (Neogi)
v.

Soujit Singha

Mr. Partha Pratim Roy
Mr. Sarbananda Sanyal
… for the petitioner.

Mr. Anirban Banerjee
… for the opposite party.

In this application under Section 24 of the Code of

Civil Procedure, 1908 the petitioner-wife has prayed for,

transfer of the Miscellaneous Judicial Guardianship Case

No. 13 of 2016 filed under Section 25 of the Guardians

and Wards Act, 1890 ( hereinafter referred to as the said

“Act of 1980”) filed by the opposite party-husband

claiming custody of the younger son of the parties pending

before the Court of the learned District Judge, Jalpaiguri

to the Court of the learned District Judge, Birbhum, Suri.

A copy of the revisional application was served upon the
2

opposite party himself as well as the learned advocate who

represented him before this Court on March 21, 2017.

However, the opposite party did not pray for filing any

affidavit-in-opposition.

On March 21, 2017 this Court passed an interim

order in this application directing stay of all further

proceedings in Miscellaneous Judicial Guardianship Case

No. 13 of 2016 pending before the Court of the learned

District Judge, Jalpaiguri, till the disposal of this

application.

It is the case of the petitioner-wife that the opposite

party is a practising advocate in the Court of the learned

District Judge, Jalpaiguri, he is an influential person in

Jalpaiguri, most of the advocates of the Jalpaiguri Bar

have refused to represent the petitioner in the said Misc.

case and the petitioner is unable to obtain assistance of a

competent advocate to represent her case before the Court

of the learned District, Jalpaiguri.

Apart from the said grounds the petitioner has

stated that she is otherwise unable to travel the long

distance of 400 kilometers, each way, between her present

residence at Berhampore and the Jalpaiguri. The
3

petitioner has further pointed out that she had filed an

application ( Act VIII) No. 10 of 2015 before the learned

District Judge, Jalpaiguri and subsequently on an

application filed under Section 24 of the Code, being CO

3723 of 2015 this Court transferred the said case from the

Court of the learned District Judge, Jalpaiguri to the

Court of the learned District Judge, Birbhum, Suri on the

self-same grounds urged in this application. It is also the

case of the petitioner that the younger minor son of whose

custody the opposite party has claimed in the said Misc.

Case has been residing with her. According to the

petitioner, in view of the provisions definition of the “Code”

as provided in Section 4(5)(b)(ii) of the Act of 1890 the

learned District Judge, Jalpaiguri lacks the jurisdiction to

entertain the said misc. case filed by the opposite party.

The above grounds urged by the petitioner in

support of her prayer in the present application could not

be disputed by the opposite party.

Having considered the above grounds urged by the

petitioner and in view of the order dated May 20, 2016

passed in CO 3723 of 2015, whereby this Court had

withdrawn the Misc. Case (Act VIII) No. 10 of 2015 (4/15)

from the Court of the learned District Judge and
4

transferred the same to the Court of the learned District

Judge, Birbhum at Suri, I am satisfied that the petitioner

has substantiated the grounds for obtaining transfer of

the aforementioned Misc. Case, as prayed for in this

application. Accordingly, the Miscellaneous Judicial

Guardianship Case No. 13 of 2016 ( Sri Soujit Singha v.

Smt. Arkabrati Neogi) is withdrawn from the Court of the

learned District Judge, Jalpaiguri and the same is

transferred to the Court of the learned District Judge,

Birbhum at Suri.

The learned District Judge, Jalpaiguri is directed to

forthwith transmit all the records of the Miscellaneous

Judicial Guardianship Case No. 13 of 2016 ( Sri Soujit

Singha v. Smt. Arkabrati Neogi) to the Court of the learned

District Judge, Birbhum at Suri.

With the above directions, CO 2572 of 2016 stands

disposed of. However, there shall be no order as to costs.

Certified website copies of the order, if applied for,

be urgently made available to the parties on usual

undertaking.

(Ashis Kumar Chakraborty, J)
5

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation