Page No.# 1/3 GAHC010034312024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Tr.P.(C)./20/2024 RAMISA BEGUM @ ROMISA BEGUM AND ANR. W/O- MD. AMINUR RAHMAN, R/O- VILLAGE- NO.4 DHARMAPUR, P.O. DHARMAPUR, P.S. BIHPURIA, PIN- 784160, DIST.- LAKHIMPUR, ASSAM 2: RAFIKUL ISLAM @ RAFIQUL ISLAM S/O- LATE FAIJUL HAQUE R/O- VILLAGE- NO.2 AHMEDPUR P.O. ISLAMGAON P.S. BIHPURIA PIN- 787054 DIST.- LAKHIMPUR ASSA VERSUS ANJUMA BEGUM W/O- ISMAIL AHMED, R/O- KATAHBARI, NIJARAPAR 3 NO. MASJID, P.O. GARCHUK, P.S. GARCHUK, PIN- 781035, DIST.- KAMRUP (M), ASSAM Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : MR S C DAS, MR. C. SHIL,P BURAGOHAIN Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date 04.04.2025 1. Heard Ms. S. G. Baruah, the learned counsel for the petitioner. Also heard Mr. Biswajeet Sarkar, the learned counsel appearing on behalf of Mr. S. C. Das, the learned counsel for the respondent. 2. This application under Section 24 of the Code of Civil Procedure, 1908 has been filed by the petitioners for transfer of proceedings of Misc.(G) Case No.146/2023 pending in the Court of learned Principal Judge, Family Court No.II, Kamrup (M) at Guwahati to the Court of learned District and Ses- sion Judge, Lakhimpur at North Lakhimpur. 3. The aforesaid respondent herein, who is the grandmother of minor chil- dren, namely, Rahul Ahmed and Eyana Ahmed have filed an application under Section 7 of the Guardians and Wards Act, 1890, seeking custody of the said minor's grandson and grand-daughter in the Court of learned Principal Judge, Family Court No.II, Kamrup (M) at Guwahati. 4. The learned counsel for the petitioners has submitted that as the minor grandson and granddaughter of the respondent namely, Rahul Ahmed and Eyana Ahmed resides at Lakhimpur with the petitioner No. 2 and there- fore, she submits that as per the Section 9 (1) of the Guardians and Wards Act, 1890, the Court within whose jurisdiction the minor resides has the jurisdiction to entertain an application under Section 7 of the Guardi- ans and Wards Act, 1890, and thereafter, she prays for transferring the Misc.(G) Case No.146/2023 from the Court learned Principal Judge, Family Page No.# 3/3 Court No.II, Kamrup (M) at Guwahati to the Court of learned District and Session Judge, Lakhimpur at North Lakhimpur. 5. 5. The learned counsel for the respondent submits that he has no objection if the prayer of the petitioner is allowed. 6. In view of the submissions made by the learned counsel for the petitioner and in view of the fact that the respondent has conceded to the said prayer as well as the fact that the Court at Lakhimpur has the jurisdiction to entertain an application under Section 7 of the Guardians and Wards Act, 1890, as per of the Section 9 of the Guardians and Wards Act, 1890, this Transfer Petition is allowed. 7. The Court of learned Principal Judge, Family Court No.II, Kamrup (M) at Guwahati is hereby directed to transfer the Misc.(G) Case No.146/2023 to the Court of learned District and Session Judge, Lakhimpur at North Lakhimpur. 8. This Transfer Petition is, accordingly, allowed. JUDGE Comparing Assistant