INDRAJIT MUKHERJEE Vs. MINATI MUKHERJEE

JUDGEMENT

(1.) This appeal is directed against the order dated 12th July, 2000, passed by the learned 7th Additional District Judge, Alipore, in Act VIII Case No. 265 of 1999 commenced on the respondent's applica- tion under Sections 7, 8 and 10 of the Guardians and Wards Act, 1890, for her appointment as guardian of the two minor children, Arijit Mukherjee and Kumari Sulaghna Mukherjee. By the said order, the learned Court below directed that the respondent-wife would be entitled to keep the minor son, Arijit Mukherjee, in her custody but that she would not be entitled to custody of her daughter, Kumari Sulaghna Mukherjee. It was further directed that both the respondent-wife and the appellant- husband would have visitation rights in respect of their son and daughter in the custody of either party.

(2.) This appeal has been preferred by the husband/opposite party against the said order passed by the learned 7th Additional District Judge, Alipore.

(3.) The facts of the case in brief are that the appellant herein was married to the respondent as per Hindu rites on 2nd June, 1985, and lived together as husband and wife for about ten years. A son named Arijit was born of the said wedlock on 30th Dec., 1986 and the daughter Sulaghna was born on 6th Oct., 1989. After their marriage, the appellant and the respondent resided in a flat at Dum Dum. The appellant husband was an Assistant Public Prose- cutor attached to the Magistrate's Court at Alipore. Subsequently, he was transferred to Krishnagar and was appointed as Assistant Public Prosecutor in the Court of the Chief Judicial Magistrate at Krishnagar, Nadia. He, thereafter, shifted his residence to Debagram where he had a permanent residence in joint family with his parents and brothers. It appears that the relationship between the appellant and the respondent soured to such an extent that in 1995, the respondent-wife left Debagram and took shelter in her father's house. She used to occasionally visit her husband's house at Debagram and in 1998, her son Arijit came back with her to her father's residence at Jorasanko in Calcutta. As far as the daughter was concerned, the appellant husband got her admitted in Dakshineswar Balika Vidyalaya and kept her at the Adyapith Manikuntala Ashram. Thereafter, he got her admitted in the Government Residential Girls' School at Krishnagar.