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Family LawSupreme Court of India

Suzanne Farisha Syiem Dutt v. Sabyasachi Dutt

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7190 of 2016)Decided 1 Aug 2016
Civil Appeal No. 7190 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

This order does not decide the main case. The appeal concerned which court had jurisdiction to decide custody of a minor child under Section 25 of the Guardians and Wards Act, 1890, and whether Section 9 of that Act was also relevant.

Decision Breakdown

This is not a final decision on the main case. The Court disposed of the appeal by directing the District Judge, Alipore, Kolkata, to decide the question of jurisdiction first, within two weeks of the next hearing date. Because of that direction, the Court said it would not refer to the factual or legal aspects of the matter. It did not decide jurisdiction or any aspect of custody itself.

Lesson Learnt

There is no final ruling yet on which court has jurisdiction over this custody dispute. That question was left to the District Judge, and the order lays down no legal principle of its own.

Suzanne Farisha Syiem Dutt v. Sabyasachi Dutt – Legal Case Shots | LegalAware