BHABANI MALLICK Vs. SWAPAN KUMAR

JUDGEMENT

(1.) This revisional application is directed against an order dated 6th July, 2006 passed by the learned Additional District Judge, Kalna in Misc. Case No. 7 of 2002 by which an application under section 10 of the Guardians and Wards Act 1890 was allowed.

(2.) Before adverting to the points involved in this revisional application it is expedient to narrate the salient facts for the purpose of adjudication.

(3.) The parties before this court were married according to the Hindu rituals and rites and lived together in such capacity for the brief period. During their stay together, a female child was borne on 21st November 1996. It is alleged by the wife who is the petitioner before this court that she was subjected to the cruelty by her in-laws as well as the opposite party and was driven out of the matrimonial house in the year 1997 along with minor girl. She lodged a complaint under section 498A of the Indian Penal Code which gave rise to the initiation of Misc. Case No. 44 of 1998 but was ultimately withdrawn on the promise of the opposite party that she will be treated with dignity and respect in the matrimonial house.