AMAL SAHA Vs. BASONA SHAH

JUDGEMENT

(1.) This is the second time that the petitioner has approached this court for invoking the Revisional jurisdiction in respect of a proceeding under the Guardians and Wards Act, 1890, for short, the Act pending before the learned District Judge, Kamrup, at Gauhati The dispute relates to guardianship and custody of two minor sons.

(2.) The Opp. Party, the mother of the two minor sons filed a petition before the learned District Judge, Kamrup at Gauhati under the Guardians and Wards Act, 1890 praying for declaration that she is the guardian of her two minor children and also for her appointment, as such. She also claimed custody of the children. A preliminary point regarding jurisdiction was raised before the learned District Judge and the learned District Judge by an order dated 22.2.1985 passed in the said proceeding, which was registered as Misc. case No. C.C. 252 of 1985 held that he had jurisdiction to try the proceeding. Against the said order, this court was approached and by judgment and order dated 10 4.1986 passed in Civil Revision No. 75 of 1986, the court remanded the proceeding to the learned District Judge for reconsideration 'where the minors ordinarily reside in the light of the observations made in the judgment. The proceeding was transferred to the court of the Additional District Judge and the learned Additional District Judge re-considered the matter in view of the observation made by this court and by the impugned order dated 11-6-86 held that it has jurisdiction to try the present dispute and hence the present proceeding.

(3.) There is no dispute that the petitioner is the husband of the Opposite Party and their marriage was solemonized according to Hindu rites in the year 1975 and out of their lawful wedlock the two sons were born. It is also not disputed that in July, 1984 the petitioner left the Opposite party and at that time two minor children were with their mother and that on 23.6.85 the petitioner took away the two children who at that time were residing in the Hostel of the little Star Chatrabash. Digboi to Calcutta and at present the said minor sons arc residing at Calcutta. The present petition was tiled immediately thereafter i.e. on 29.8.85 before the learned District Judge, Gauhati.