SUBHADIP LASKAR Vs. SANJUKTA LASKAR

JUDGEMENT

(1.) The parties to this application, both doctors, tied the nuptial knot on July 1, 2022 according to Hindu rites and customs. Their marriage was also registered under the Hindu Marriage Act, 1955. In their wedlock, a male child, Master Soham Laskar, was born on November 6, 2003.

(2.) It is alleged by the petitioner that after his marriage with the opposite party, they started living together as husband and wife at the matrimonial home of the opposite party at GD 132, Sector III, Salt Lake, Kolkata 700106, Police Station-Bidhannagar (South) till May 9, 2008. On that date, the opposite party removed Master Soham from the custody of the petitioner without his knowledge and consent as well as the other members of his family, viz. widow mother and unmarried younger brother. Leaving of her matrimonial home by the opposite party together with Master Soham is attributed to matrimonial disharmony between the spouses.

(3.) Unfortunately, the discord between the spouses led to filing of various proceedings including proceedings under the Code of Criminal Procedure as well as lodging of complaint under sections 498A/406/34 of the Indian Penal Code against the petitioner, his mother and his brother. On an application under section 125 of the Code of Criminal Procedure, the learned Magistrate passed an order on May 20, 2010 granting maintenance to the opposite party. The order was challenged before this Court in its criminal revisional jurisdiction and in terms of an interim order passed thereon, a consolidated sum of Rs. 11,000/- per month is being paid by the petitioner.