SATYENDRA NATH MAITRA Vs. BALARAM CHAKRABORTY

JUDGEMENT

(1.) The point for consideration in this appeal is whether or not the impugned order of the Additional District Judge, Alipore, 24 Paraganas appointing Sri Balaram Chakraborty, the respondent, as the guardian and for giving custody of his granddaughter, Mitashree Chakraborty, is for the welfare of the said minor.

(2.) In July, 1975 the said minor's father, Tanmoy Chakraborty, had married Mira, a daughter of the present appellants, according to the provisions of the Special Marriage Act, 1954. It appears that the said marriage of Tanmoy with Mira was against the wishes of the present appellants, who were her parents. Further, even after the said marriage, the present appellants were not willing to accept Tanmoy and consequently their relations with Tanmoy were not cordial. Tanmoy with his wife, Mira, began to live in a rented house near Dum Dum Airport. On 19th September, 1976, in a nursing home, Mira wife of Tanmoy, had given birth to a daughter, who was named Mitashree.

(3.) Mira, wife of Tanmoy had suffered burn injuries at their Dum Dum house and after removal to a hospital, she died on 21st March, 1977. Since the said unfortunate death of her mother, Mitashree had been living with her maternal grand-parents, the present appellants.