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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 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.