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Smt.Sarbajaya Murmu vs Sri Ramkrishna Hembram on 5 March, 2020

Sl. No.22
Ct. No.17.
Mithun

Form J(2) IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Appellate Side

Present :
The Hon’ble Justice Bibek Chaudhuri

C.O.144 of 2018

Smt.Sarbajaya Murmu

-Vs-
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

the record.

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.)

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