Form J(2) IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
The Hon’ble Justice Bibek Chaudhuri
C.O.144 of 2018
Sri Ramkrishna Hembram
For the Petitioner : Mr.Samiran Mandal, Adv.
Mr. Abhinaba Dan, Adv.
Mr. Nitish Samanta, Adv.
Judgment dated : 05.03.2020
Bibek Chaudhuri, J.
The petitioner and the opposite party are legally married couple. Both of
them are working in a high position under the Department of Health,
Government of India. Marriage of the petitioner was solemnized with the
opposite party on 3rd March, 2012. In the said wedlock the petitioner gave
birth to two children on 11th December, 2012 and 1st December, 2015
respectively. After birth of the second child, marital relationship between the
parties started to become strenuous. The petitioner started leaving alone
since 2015 in a rented Government Housing at Bankura. The opposite party is
a medical officer posted at Purulia. In the year 2017, the opposite party filed
an application under Section 6 read with Section 13 of the Hindu Minority and
Guardianship Act read with Section 7 of the Guardians and Wards Act praying
for his appointment as natural guardian of the said two children and custody of
them. The said application was registered as Guardianship Case No.2 of 2017
in the Court of the learned District Judge at Purulia. The petitioner has prayed
for transfer of the said case from the Court of the learned District Judge,
Purulia to the Court of the learned District Judge, Bankura.
The opposite party received notice of the instant proceeding, which is
apparent from the affidavit of service. Let the affidavit of service be kept with
In spite of service of notice, the opposite party has not appeared before
this Court to contest the instant application.
The minor children of the parties are residing with the petitioner/mother
since their birth. From 2015 they are residing at Bankura. The son of the
parties is a student of Bishnupada Saraswati Sishu Batika at Bankura.
Well-settled is the law that the Court where the minor ordinarily reside
has the territorial jurisdiction to try a proceeding under the Guardians and
Wards Act, 1891 as well as Minority and Guardianship Act, 1956.
In the instant case, the minors are residing with their mother within the
jurisdiction of the Principal Civil Court of the District of Bankura. Learned
District Judge, Purulia prima facie has no territorial jurisdiction to try
Guardianship Act No.2 of 2017.
For the reasons stated above, the instant application is allowed.
Guardianship Case No.2 of 2017 pending before the learned District Judge at
Purulia be transferred to the Court of the learned District Judge, Bankura for
trial and disposal.
Let a plain copy of this order be sent to both the Courts below through
the department for information and compliance.
Urgent photostat copy of this order, if applied for, be supplied to the
parties subject to compliance with all requisite formalities.
(Bibek Chaudhuri, J.)