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MRIDUL KUMAR KALITA
Usma Sultana, W/o. Sri Habibar Rahman – Appellant
Versus
Fakar Uddin Ahmed, S/o. Late Abed Ali – Respondent
JUDGMENT :
(Mridul Kumar Kalita, J.)
1. Heard Mr. S.H. Rahman, learned counsel for the petitioner. Also heard Mr. S. Hoque, learned counsel for the respondent.
2. This application under Section 24 of the Code of Civil Procedure, 1908 read with Section 151 of the said code has been filed by the petitioner, namely, Smti Usma Sultana praying for transferring of the Misc. Guardianship Case No. 03/2022 from the Court of the learned District Judge, Kamrup at Amingaon to the Court of the learned District Judge, Barpeta.
3. The facts relevant for consideration of the instant transfer petition, in brief, are as follows: -
ii. After about 4 ½ years of the marriage, the respondent and his family members started torturing the petitioner and there arose matrimonial differences between both the parties and it became impossible for the petitioner to continue her conjugal life with the respondent
Jurisdiction for guardianship applications is determined by the minor's ordinary residence prior to any recent removal, not the residence at the time of application.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
The jurisdiction for custody applications under the Guardian and Wards Act depends on the child's actual residence, distinct from natural guardianship provisions.
Jurisdiction in custody matters is determined by the ordinary residence of minors, which must be established based on current living arrangements rather than historical context.
Jurisdiction for custody petitions lies where the child ordinarily resides, not merely where parents are located; interpretation of relevant statutes must prioritize the child's actual living circums....
Jurisdiction for custody of a minor must be determined by the child's ordinary residence, as per Section 9 of the Guardians and Wards Act, 1890.
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