Suzanne Farisha Syiem Dutt vs Sabyasachi Dutt

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2016 Supreme(SC) 616

SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Suzanne Farisha Syiem Dutt – Appellant
Versus
Sabyasachi Dutt – Respondent
Civil Appeal No. 7190 of 2016 [@ Special Leave Petition (C) No. 19863 of 2016]
Decided On : 01-08-2016

Important Points

The central legal point established in the judgment is the need for the District Judge to determine the jurisdiction of the court in the matter of custody of a minor child under the relevant provisions of the Guardians and Wards Act, 1890.

Subject

Jurisdiction - Custody of Minor Child

Act Referred

GUARDIANS AND WARDS ACT : S.25, S.9

Headnote

Jurisdiction - Custody of Minor Child - Summary: The court granted leave and addressed the jurisdiction of the court in the matter of custody of a minor child. The appeal was disposed of with a direction to the District Judge to first decide the question of jurisdiction under Section 25 of the Guardians and Wards Act, 1890, and to finally hear and dispose of the applications within two weeks thereafter.

Fact of the Case:

The short question involved in this appeal is of jurisdiction of the court in the matter of custody of a minor child. The matter is pending before the District Judge, Alipore, South 24 Parganas, Kolkata.

Finding of the Court:

The court refrained from referring to the factual or legal aspects of the matter and directed the District Judge to first decide the question of jurisdiction. The appeal was disposed of with a direction to the District Judge to finally hear and dispose of the applications within two weeks thereafter.

Issues: The jurisdiction of the court in the matter of custody of a minor child.

Ratio Decidendi: The court's decision was based on the need for the District Judge to first decide the question of jurisdiction under Section 25 of the Guardians and Wards Act, 1890, and to address the contention raised by the appellant regarding jurisdiction under Section 9.

Final Decision: The appeal was disposed of with a direction to the District Judge, Alipore, Kolkata to first decide the question of jurisdiction of the Court in dealing with the matter under Section 25 of the Guardians and Wards Act, 1890, and to finally hear and dispose of the applications within two weeks thereafter.

JUDGMENT :

Kurian, J.

1. Leave granted.

2. The short question involved in this appeal is of jurisdiction of the court in the matter of custody of a minor child. This question is now pending before the District Judge, Alipore, South 24 Parganas, Kolkata.

3. Since we propose to direct the District Judge to first go into the question of jurisdiction, we refrain from referring to the factual or legal aspects of the matter. Therefore, this appeal is disposed of with a direction to the District Judge, Alipore, Kolkata to first decide the question of jurisdiction of the Court in dealing with the matter under Section 25 of the Guardians and Wards Act, 1890.

4. It is made clear that while taking the decision, as above, the contention raised by the appellant herein that the jurisdiction will have to be considered in terms of Section 9, will also be gone into.

5. Since the next date of hearing before the District Judge is 06.08.2016, the District Judge is directed to finally hear and dispose of the applications within two weeks thereafter.

6. With the above observations and directions, the appeal is disposed of.

No costs.