List – S/L
Sl. No. 10
Ct. No. 25
C. O. 3491 of 2019
Smt. Pradipta Das
Shri Souvik Das
Mr. Arun Kanti Bera, Adv.,
Mrs. Gitashree Mistry, Adv.
…for the petitioner.
The petitioner being the wife of the opposite party and mother of a girl
child who is now aged about four years has filed the instant application under
Section 24 of the Code of Civil Procedure praying for transfer of Act VIII Case
No. 101 of 2019 being an application under Section 7 read with Section 25 of
the Guardians and SectionWards Act filed by the opposite party in the Court of the
learned District judge, South 24-Parganas at Alipore seeking for custody of the
said minor child.
The aforesaid application under Section 7 read with Section 25 of the
Guardians and SectionWards Act which is registered as Act VIII Case No. 101 of 2019
before the learned District Judge, Alipore is annexed with the instant
application (Annexure – P/6).
In the said application the opposite party clearly and unequivocally
pleaded in paragraph 21 :-
“That the cause of action arose on 17th April, 2015 when the minor
daughter of the petitioner was born and staying at 58B, Bidyasagar Road, P.O.
– Nabagram, P.S.- Uttarpara, District – Hooghly……”. In view of specific
assertion in the aforesaid application, it is doubtful as to whether the learned
District Judge, South 24-Parganas at Alipore has territorial jurisdiction to try
Misc. Case No. 101 of 2019 under Section 7 read with Section 25 of the
Guardians and SectionWards Act.
For the reasons stated above, I am of the view that the instant revision
can be disposed of here and now directing the learned District Judge to take
up the aforesaid Misc. Case No. 101 of 2019 for preliminary hearing on the
point of jurisdiction.
If it is found that the learned District Judge, South 24-Parganas at
Alipore has no jurisdiction under the Guardians and SectionWards Act to try Act VIII
Case No. 101 of 2019, she will pass necessary order returning the application
to the petitioner/opposite party herein for filing of the same to a Court of
Principal Civil Judge of the District having jurisdiction to try the case.
The learned District Judge, South 24-Parganas at Alipore is directed to
take up the Act VIII Case No. 101 of 2019 for hearing on preliminary point of
jurisdiction and pass order positively within one month from the date without
being influenced in any way on the observation made hereinabove.
With this order the instant revision is disposed of.
(Bibek Chaudhuri, J.)