Amitav K. Gupta, J. - (1.) This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of Original Suit (Guardianship) Case No.514 of 2017 from the Court of the Principal Judge, Family Court, Ranchi to the Court of the Principal Judge, Family Court, Jamshedpur.
(2.) Learned counsel has submitted that petitioner has lodged an F.I.R. Under Section 498-A and other allied sections of the Indian Penal Code bearing Jugsalai P.S. Case No.181 of 2011 in which chargesheet has been submitted and the opposite party is facing trial in the court of Judicial Magistrate, at Jamshedpur. That the petitioner has also filed a maintenance case under Section 125 Cr.P.C. bearing M.P. Case No.210 of 2011 in which the opposite party has been directed to pay the maintenance amount of Rs.5000/- per month. It is submitted by the learned counsel that the petitioner had earlier filed a guardianship case in the court of Family Judge, Jamshedpur which was subsequently withdrawn by her. Thereafter she has instituted the present Original Suit (Guardianship) Case No.514 of 2017 before the court of the Principal Judge, Family Court, Ranchi. It is submitted by the learned counsel that since the opposite party is facing trial in the criminal case and in the maintenance case instituted by the petitioner at Jamshedpur, no inconvenience will be caused to him if the present guardianship case is transferred from the Court of the Principal Judge, Family Court, Ranchi to the court of the Principal Judge, Family Court, Jamshedpur.
(3.) Heard. The prayer of the petitioner is not acceptable as Section 9 Clause-I of the Guardianship and Wards Act, 1890, mandates that the application with respect to custody and guardianship of a minor is to be made before the District Court having jurisdiction in the place where the minor ordinarily resides. Admittedly, the minor is residing at Ranchi and in such circumstances, the transfer of such suit is prohibited under the provision of the Act. Accordingly, this transfer petition is, hereby, dismissed. The court below shall ensure that the aforesaid guardianship suit is decided at the earliest preferably within nine months from the date of receipt/production of the order. Both the parties shall co-operate in expeditious disposal of the case and the court below shall not grant any unnecessary adjournment sought by the parties. ;