Arundhati Das v. Dipayan Paul

ORDER Date : 29.05.2024

Heard Ms. A. Borah the learned counsel appearing on behalf of the petitioner and Ms. S.S. Bora, learned counsel appearing on behalf of the respondent.

¶2This is an application under Section 24 of the Code of Civil Procedure, 1908 for transfer of Misc (Guardianship) Case No. 05/2020 pending in the Court of the learned District Judge, Hailakandi under Section 10 of the Hindu Minority Guardianship Act, Page No.# 2/2 1956 as well as the Guardianship and Wards Act, 1890 for appointment/declaration of the guardian in respect of the minor Smti Dopati Paul (daughter) and Sri Deep Jyoti Paul

(son).

¶3It has been submitted by the learned counsel on behalf of the both the parties that during the pendency of the instant transfer proceedings, Master Deep Jyoti Paul expired.

¶4The question now arises as to whether this Court should transfer the proceedings from the Court of the District Judge, Hailakandi to the Court of the Principal Judge, Family Court, Cachar.

¶5This Court takes note of Section 9 of the Guardianship and Wards Act 1890, which stipulates that the jurisdiction to file an application seeking Guardianship shall lie before the Court where the minor ordinarily resides.

¶6Taking into account that the minor is presently residing with the respondent at Hailakandi and the statutory mandate in terms with Section 9 of the Guardian and Wards Act 1890, this Court is of the opinion that the instant application is misconceived and lacks merits for which the same stands dismissed.

¶7The interim order passed on 19.02.2021 stands vacated and the parties are directed to appear before the learned District Judge, Hailakandi on 15.07.2024.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010024432021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./6/2021 ARUNDHATI DAS W/O SRI DIPAYAN PAUL, D/O LATE ARINDAM DAS, R/O JOGESH ROAD, TARAPUR, P.O. AND P.S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS DIPAYAN PAUL S/O SRI NIKHIL CHANDRA PAUL, R/O WARD NO. 2, RABINDRA SARANI, HAILAKANDI TOWN, P.O. HAILAKANDI, DIST. HAILAKANDI, ASSAM, PIN 788151 Advocate for the Petitioner : Ms. A. Borah, Advocate Advocate for the Respondent : Ms. S.S Bora, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH