Narjida Khatun Sultana Vs Anowar Uddin Ahmed

Code of Civil Procedure, 1908 for transfer of GC Certificate Case No. 03/2021 pending before the learned Family Court, Nalbari to the learned Family Court, Dhubri on the ground that the learned Family Court, Nalbari has no jurisdiction to decide the question of guardianship of the minor in terms with Section 9 of the Guardianship and Wards Act, 1890 (for short, “the Act of 1890”).

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The learned counsel appearing on behalf of the petitioner submitted that in terms with Section 9 of the Act of 1890, it is the Court within whose jurisdiction the minor resides would have the jurisdiction to decide guardianship proceedings. The learned counsel referring to the contents of the petition filed by the respondent under Sections 7 and 10 of the Act of 1890 submitted that it is an admitted fact that the minor is residing with the petitioner at Dhubri and as such, it is the learned Family Court, Dhubri who shall have the jurisdiction to decide the dispute and not the learned Family Court, Nalbari.

¶21

This Court has taken due notice that pursuant to the filing of the instant proceedings, an order has been passed on 17.07.2023 whereby notice was issued and the further proceedings of GC Certificate Case No. 03/2021 pending before the learned Family Court, Nalbari was suspended and in spite thereupon service being meted out upon the respondent, the

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respondent has not chosen to appear.

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Considering the provision of Section 9 of the Act of 1890, it is therefore the opinion of this Court that the learned Family Court, Nalbari would not have the jurisdiction as the minor resides within the jurisdiction of the learned Family Court, Dhubri.

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Accordingly, the proceedings in GC Certificate Case No. 03/2021 is transferred from the learned Family Court, Nalbari to the learned Family Court, Dhubri.

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Both the parties are directed to appear before the learned Family Court, Dhubri on 16.07.2025. Taking into account that the respondent has not appeared in spite of notice being served, the learned Family Court, Dhubri shall ensure that notice is being issued before further proceeding with the GC Certificate Case No. 03/2021.

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The learned Family Court, Nalbari is directed to forthwith transfer the records to the learned Family Court, Dhubri.

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The interim order passed on 17.07.2023 stands vacated and the learned Family Court, Dhubri shall proceed with the disposal of the proceedings in accordance with law.

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The Registry is directed to intimate both the learned Courts below about the instant order.

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With the above observations and directions, the instant petition stands allowed.

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JUDGE

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Comparing Assistant

Narjida Khatun Sultana v. Anowar Uddin Ahmed

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Narjida Khatun Sultana v. Anowar Uddin Ahmed

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