SUZANNE FARISHA SYIEM DUTT Vs. SABYASACHI DUTT

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7190 of 2016, Judgment Date: Aug 01, 2016

                                                         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  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 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.