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Suman Sankar Bhunia vs Smt. Debarati Bhunia on 21 February, 2019

1

21.02.19

Srimanta
List – S/L
Sl. No. 10
Ct. No. 25
C. O. 4105 of 2018

Suman Sankar Bhunia

-Vs.-

Smt. Debarati Bhunia

Mr. Anjan Bhattacharyya, Adv.,
Ms. Anita Shaw, Adv.

…for the petitioner.

The husband (hereafter described as the petitioner) of the opposite party filed two
applications under Sections 17 and 12 of the Guardians and Wards Act, 1890 in the Court of
the learned District Judge, Darjeeling praying for a declaration that the petitioner is the lawful
guardian of his minor child and custody of his minor child against the opposite party/mother.

Now, by filing the instant application the petitioner has prayed for transferring the said
two proceedings under Guardians and Wards Act either to the Court of the learned District
Judge, North 24-Parganas at Barasat or any other Court of competent jurisdiction in Kolkata.

It is pleaded by the petitioner that the opposite party has been working as Research
Associate under the Council of Scientific and Indian Research (CSIR) on contract. The said
contract subsists till 31st March, 2019 and it is expected that the terms of the contract will be
extended after the said period. It is also pleaded that the opposite party gave birth to a male
child, named, Sushrik Sankar Bhunia who is aged about six years. On 9th September, 2018
the opposite party left her matrimonial home leaving a SMS with the petitioner voluntarily. At
that time she was pregnant and subsequently she gave birth to a second child at her paternal
home at Siliguri sometimes in January, 2019. Since the opposite party is working in CSIR,
Calcutta having its office at Cossipore, the petitioner prays for transferring the said two cases
under Guardians and Wards Act either to Barasat or Calcutta for convenience of both parties.

Mr. Anjan Bhattacharyya, learned Advocate for the petitioner has filed affidavit-of-
service showing service of notice of the instant proceeding which was delivered to the opposite
party on 29th December, 2018. Since the opposite party takes no step to represent herself in
the instant proceeding, this Court is going to dispose of the application under Section 24 of the
C.P.C. on the basis of the submission made by the learned Advocate for the petitioner.

2

It is submitted by the learned Advocate for the petitioner that both the petitioner and
opposite party are highly educated and they have completed their post-doctoral thesis. The
petitioner stays at Ashoknagar in the district of North 24-Parganas. The opposite party was a
resident of Siliguri. After their marriage both of them used to stay at Ashoknagar and they
used to discharge their duties at Calcutta from Ashoknagar. From the SMS sent by the
opposite party to the petitioner it is ascertained that she left her matrimonial home
voluntarily. As per the provision of Section 9(1) of the Guardians and Wards Act the petitioner
had to file the cases under the said Act in the Court of the District Judge, Darjeeling as the
ward presently resides within the jurisdiction of the learned District Judge, Darjeeling.
However, for the benefit of both the parties and in view of the fact that the opposite party has
been enjoying maternity leave for birth of her second child which is expected to be complete
sometimes in March, 2019 and she is expected to stay in Calcutta for his job at CSIR, the said
two proceedings under the Guardians and Wards Act ought to be transferred to the competent
Court of jurisdiction either at Barasat or Calcutta.

I find much substance in the submission made by the learned Advocate for the
petitioner. If the aforesaid two cases are transferred to Barasat, both the parties can
conveniently represent their cause before the Court. On the other hand, it will cause
tremendous hardship for the petitioner to go to Darjeeling only for establishing the
guardianship and custody of the minor child.

For the reasons recorded above, the application under Section 24 of the C.P.C. is
allowed.

Let Misc. Judicial Cases No. 22 of 2018 and 23 of 2018 under Section 7 and Section 12
of the Guardians and Wards Act, 1890 respectively be transferred from the Court of the
learned District Judge, Darjeeling to the Court of the learned District Judge, North 24-
Parganas at Barasat.

Office is directed to send a copy of this order to the learned District Judge, Darjeeling
and learned District Judge North 24-Parganas for information and necessary action.

Urgent photostat certified copy of this order, if applied for, be given to the
learned Advocates for the parties on the usual undertakings.

(Bibek Chaudhuri, J.)

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