Fast Track Court competent to hear matter under Guardian and Wards Act without any general or special order from High Court: Calcutta HC
The Calcutta High Court ruled that the Fast Track Court is competent to hear matters under Guardian and Wards Act without any general or special order from the High Court.
Mukat Bose being the father of the child-in-question has filed an application under Section 24 and 25 of the Guardians and Wards Act, 1890 in the court of District Judge, Howrah. Subsequently, such a case was transferred by the District Judge to the Court of Additional District Judge, Fast Track for disposal. The petitioner/father has also filed an application seeking permission to visit his minor child who is in the custody of the mother/the estranged wife/the opposite party.
The issue raised before the court was whether the Additional District Judge, Fast Track Court is subordinate to a District Court and has no authority to hear any matter under the Guardians and Wards Act, 1890.
The single judge bench of Justice Kesang Doma Bhutia noted that the judge of a Fast Track Court is appointed as Additional District Judge on the basis of Ad hoc promotion. Their service is subject to regularization in the cadre of District Judge entry level on their passing limited competitive examination or on promotion on the basis of seniority-cum-merit.
The court stated that like a District Judge or regular Additional District Judge it has power to hear all the cases both civil and criminal which a District Judge or a regular Additional Judge can hear and dispose of.
The court while dismissing the application held that the Additional District Judge, Fast Track Court is not a subordinate to District Court so far as judicial function is concerned and the Additional District Judge, Fast Track, Second Court, Howrah is competent to consider the application under Section 24 and 25 of Guardians and Wards Act, 1890
Case title: Smt. Tamalika Bose v/s Sri Mukut Bose
Citation: C.O. 2071 of 2021
