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1987 Supreme(Gau) 20

S.N.PHUKAN
Amal Saha – Appellant
Versus
Basana Saha – Respondent


Advocates Appeared:
B. Sarma, N. Chakrabarty, A.K. Haque, R.L. Yadav, K. Agarwal

Judgement

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 opposite 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 22-2-1986 passed in the said proceeding, which was registered as Misc. Case No. G.C. 252 of 1985 held that he had jurisdiction to try the proceeding. Against the said order, this Court was approached and by judgement 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 resides














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