AVNEET KAUR CHOPRA Vs. STATE

JUDGEMENT

(1.) This revisional application is directed against Order No. 17 dated 28th Nov., 2016 passed by learned Additional District Judge, 1st Court, Alipore in Act VIII Case No. 45 of 2016 by which an application under Order 7, Rule 11 of the Code of Civil Procedure is rejected. The undisputed facts as would appear from the record are that the parties were married as per their ritual and customs and started living in the matrimonial home in Kolkata. The marriage was solemnised on 5th May, 2007 and a female child was born on 19th March, 2008. The parties do not find compatible to each other and it would not be wrong to state that there was a matrimonial discord. The husband/opposite party filed the Matrimonial Suit No. 2803 of 2015 seeking decree for divorce before the learned District Judge, Alipore, which is renumbered as Matrimonial Suit No. 119 of 2015 after its transfer to the Additional District Judge, 8th Court, Alipore.

(2.) Subsequently, an application under Sec. 25 of The Guardians and Wards Act giving rise to Act 8 Case No. 45 of 2016 is filed by the husband/opposite party for a decree for guardianship and custody of the minor daughter namely Jassica Chopra. It is alleged therein that the minor daughter was admitted in Modern High School for Girls and pursued her study till Class 3 till the date when she was stealthily taken away by the wife to her parental house. It is alleged in the said application that the wife without informing the opposite party as well as the parents took away the minor daughter on 27th March, 2016 without leaving any information as to their whereabouts. A complaint was lodged with the local police station about the missing of the petitioner as well as the minor daughter and subsequently, it came to the knowledge that the petitioner and the daughter are residing at Ghaziabad.

(3.) The wife after receiving the summon issued upon her filed an application before the Additional District Judge, 1st Court, Alipore seeking dismissal of an application under Sec. 25 of the Guardians and Wards Act on the ground of jurisdiction. It is averred therein that the minor daughter ordinarily resides at Ghaziabad and in view of Sec. 9 of the said Act the application can only be filed before the District Judge at Ghaziabad.