DEBENDRA NATH CHATTERJEE Vs. VIVEKANANDA BANERJEE

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order being No. 20 dated 3rd February, 2009 passed by the learned District Judge, Hooghly in Act VII Case 13 of 2006 by which the petitioner's application for amendment of his petition under Section 10 of the Guardian and Wards Act, was rejected. The applicant is aggrieved by the said order. Hence he has come before this Court with this application.

(2.) Heard Mr. Mitra, learned Senior Counsel, appearing for the petitioner, Mr. Ray Choudhury, learned Senior Counsel, appearing for the opposite party No.1 and Mr. Chatterjee, learned Advocate, appearing for the opposite party No.2. Considered the materials on record including the order impugned.

(3.) The marriage of the petitioner's daughter, namely, Sangita Chakraborty with Vivekananda Banerje was dissolved by a decree of divorce passed by the learned Additional District Judge, Fast Track, Second Court at Hooghly, Chinsurah on 5th March, 2005. Before dissolution of their marriage, a male child, namely, Avirup was born on 1st July, 2001 in the wedlock of the said married couple. THE petitioner's daughter namely Sangita had to leave the maternal home with her minor son Avirup on 4th January, 2002 as she was meted with cruelty by her husband in the matrimonial home. At the time when the petitioner's daughter had to leave her matrimonial home, the child was aged about 6 months only. After leaving the matrimonial home the petitioner's daughter was admitted in College and completed her Graduation and Master degree course. She remained busy with her studies since 4th January, 2002 and as such the minor was brought up by the petitioner and his wife. THE minor was admitted in a well-known school in the locality for his studies. THE minor is being brought up in a very healthy and happy atmosphere under care, love and affection of the petitioner and his wife. Since the minor is only the grand son of the petitioner, the petitioner has been spending every expenses for the wellbeing of the minor child as the mother of the child has no independent income and the father of the child never gave any support either financially or otherwise for the welfare of the child. Neither the father of the child nor any of his relatives ever inquired about the said child. Even they did not come to see him once since 4th January, 2002 i.e. since when the petitioner's daughter left her matrimonial home with the child.