SUBIR SARKAR AND OTHERS Vs. BHASKAR GHOSH

JUDGEMENT

(1.) The present two revisional applications arise from the same proceeding, being one for custody of a minor girl, namely, Ms. Parnika Ghosh, who was born on September 28, 2011 of the wedlock between the opposite party Bhaskar Ghosh and Smt. Soma Sarkar (since deceased), by the opposite party Bhaskar Ghosh, who is the father of the said minor. The petitioners are the parents and sister of the said deceased. By the order dated June 1, 2018, which has been challenged in C.O. No. 1931 of 2018, the Trial Court rejected the petitioners' application challenging the jurisdiction of the Court to take up the matter.

(2.) The ground of challenge to the territorial jurisdiction was that the minor child, whose custody was sought in the parent proceeding under the Guardians and Wards Act, 1890, ordinarily resided at Krishnanagar with the petitioners, which fell within the territorial jurisdiction of the District Court at Nadia, whereas the proceeding for custody, bearing Miscellaneous Case No. 74 of 2017, was filed before the District Court at Barasat which, according to the petitioners, did not have territorial jurisdiction to entertain the matter.

(3.) Subsequently, when the petitioners prayed for an adjournment for moving this Court against the aforesaid order dated June 1, 2018, the Additional District Judge, before whom the matter is pending, vide order dated July 23, 2018, closed further cross- examination of the petitioners/opposite party and directed the miscellaneous case to be proceeded with ex parte against the respondents/present petitioners. Such subsequent order dated July 23, 2018 has been challenged in C.O. No. 3818 of 2018.