Allowed

Sheela Mallik Roy and 4 Ors. v. Deepak Roy

Gauhati HC4 Nov 2022Tr.P.(C)./35/2022

Case brief

AI extract

What is this about?

This order allows an application for transfer of a guardianship proceeding under Section 24 CPC read with Article 227 of the Constitution. The court transferred the case from Tinsukia to Dibrugarh based on the residence of the petitioner and minor child. Records were directed to be forwarded and a hearing was scheduled in the competent court.

What did the court decide?

The proceedings in Misc. (G) Case No.7/2021 are transferred from the Additional District Judge, Tinsukia, to the Court of District Judge, Dibrugarh.

Sheela Mallik Roy and 4 Ors. Vs Deepak Roy — Civil Procedure and Limitation | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010064832022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Tr.P.(C)./35/2022

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SHEELA MALLIK ROY AND 4 ORS W/O- DEEPAK ROY, D/O- SHADHAN MOLLIK

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2: AARTI MALLIK W/O- SADHAN MALLIK M/O- SHEELA MALLIK

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3: SADHAN MALLIK S/O- LATE PATAL MALLIK F/O- SHEELA MALLIK

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4: RAJA MALLIK S/O- SADHAN MALLIK

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5: RANA MALLIK S/O- SADHAN MALLIK

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ALL ARE RESIDENTS OF TOWN KALIBARI NEAR MASJID MARWARI PATTI P.O AND P.S- DIBRUGARH DIST- DIBRUGARH ASSAM PIN-78600

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VERSUS

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DEEPAK ROY S/O- LATE DULAL ROY R/O- TINGRAI HABBI, JOY KALIBARI P.O AND P.S- TINSUKIA DIST- TINSUKIA, ASSAM, PIN-786125

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Page No.# 2/3

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Advocate for the Petitioner : MR. T ROY

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Advocate for the Respondent : MR. A HASAN

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 04.11.2022

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Heard Mr. T. Roy, the learned counsel appearing on behalf of the petitioner and Mr. A. Hasan, the learned counsel appearing on behalf of the respondent.

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This is an application filed under Section 24 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of India seeking transfer of Misc. (G) Case No.7/2021 from the Court of the Additional District Judge Cum FTC No.2, Tinsukia, Assam to the Court of District Judge, Dibrugarh, Assam.

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A perusal of the instant application and after hearing the contentions of the parties, it is apparent that the petitioner herein has filed the case seeking divorce before the Court of the District Judge, Dibrugarh which has been registered and numbered as Title Suit (D) No.55/2021 wherein the respondent herein has duly appeared and filed his written statement. It is also admitted that the petitioner resides at Dibrugarh along with a minor child. Thereupon the respondent filed an application under Section 10 the Guardianship and Wards Act, 1890 before the Court of the District Judge, Tinsukia which has been registered and numbered as Misc. (G) Case No.7/2021 and the same has been endorsed to the Court of the Additional District Judge Cum FTC No.2, Tinsukia for disposal.

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It is also admitted fact that the minor child resides at Dibrugarh with the petitioner and taking into consideration that the minor child ordinarily resides at

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Page No.# 3/3

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Dibrugarh and the mandate of Section 9(1) of the Guardianship and Wards Act, 1890, this Court is of the opinion that this is a fit case for transfer of Misc. (G) Case No.7/2021 from the Court of the Additional District Judge Cum FTC No.2, Tinsukia, Assam to the Court of District Judge, Dibrugarh, Assam.

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Accordingly the proceedings in Misc. (G) Case No.7/2021 is transferred from the Court of the Additional District Judge Cum FTC No.2, Tinsukia, Assam to the Court of District Judge, Dibrugarh, Assam.

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The Court of the Additional District Judge Cum FTC No.2, Tinsukia is directed to forthwith transfer the records to the Court of District Judge, Dibrugarh, Assam.

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Interim order passed earlier stands vacated and the parties shall appear before the Court of the District Judge, Dibrugarh on 12.12.2022 on which date the petitioner shall file her written statement in the guardianship case i.e. Misc. (G) Case No.7/2021 without fail.

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The Registry is directed to intimate both the Courts below about this order. With the above observations the instant petition stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Sheela Mallik Roy and 4 Ors. v. Deepak Roy

Case brief

What is this about?

What did the court decide?

Sheela Mallik Roy and 4 Ors. v. Deepak Roy

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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