Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7190 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 19863 OF 2016]
SUZANNE FARISHA SYIEM DUTT Appellant(s)
VERSUS
SABYASACHI DUTT Respondent(s)
J U D G M E N T
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
JUDGMENT
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.
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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 application(s) within
two weeks thereafter.
6. With the above observations and directions, the
appeal is disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
August 01, 2016.
JUDGMENT
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