TAMALIKA BOSE Vs. MUKUT BOSE

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India filed by Smt. Tamalika Bose challenging the jurisdiction of Additional District Judge, Fast Track, Second Court, Howrah to hear Misc. Case No. 106 of 2019, under the Guardians and Wards Act, 1890 and has also challenged the order dtd. 18/11/2021 and whereby the learned Court below has rejected the application of the petitioner on the issue of jurisdiction of the said Court.

(2.) Sri Mukat Bose being the father of the child in-question has filed an application under Sec. 24 and 25 of the Guardians and Wards Act, 1890 in the court of learned District Judge, Howrah. Subsequently, such case was transferred by the learned District Judge, Howrah to the Court of Additional District Judge, Fast Track, Second Court, Howrah for disposal. The petitioner/father has also filed an application seeking permission to visit his minor child who is in the custody of the mother/the estranged wife/the opposite party. Against such application filed by the husband/petitioner, the opposite party/wife/mother of the child filed an application challenging the jurisdiction of the Fast Track Court to hear the matter on the ground that in view of provision of sec. , 4A of the Guardians and Wards Act, 1890 the Fast Track Court being a subordinate Court to a District Court and not being empowered by the Hon 'ble High Court to hear matter under the Guardians and Wards Act, 1890 has no power to try the matter and thereby alleged the impugned order too suffers from illegality.

(3.) It is admitted position of law that Hon 'ble High Court at Calcutta has not issued any general or special order empowering any officer subordinate to the District Judge to hear and dispose of any proceeding under Guardians and Wards Act, 1890. Sec. 4-A of the Act, provides that it is the District Judge who has the original power to hear the matter under the said Act until and unless the High Court by any general or special order empowers any officer exercising original civil jurisdiction subordinate to a District Court to dispose of any proceeding under the said Act. The District Judge may by order in writing may transfer any case under the Guardians and Wards Act, 1890 at any stage of the proceeding pending before it for disposal to any officer subordinate to the District Court, empowered by the high Court under sub Sec. 1 of Sec. 4 A.