LAWS(CAL)-2012-3-16

GOLAK SANTRA Vs. KAKALI SANTRA

Decided On March 28, 2012
GOLAK SANTRA Appellant
V/S
KAKALI SANTRA Respondents

JUDGEMENT

(1.) THE appellant Golak Santra married Kakali Santra on July 11, 1988 according to Hindu rites and customs. THEy lived their marital life for about ten years when an unfortunate incident happened. Out of the wedlock two male issues were begotten.

(2.) THE dispute arose after the birth of the second male child which the husband declined to accept of his own that gave rise to a discord between the couple. On the fateful day the second child was sleeping on the cot and the respondent/wife was taking her bath. After coming from bath she found her child dead. Blood was coming through his nostril and fluid was coming from his mouth. She apprehended that her husband killed the baby. THE local people assembled and accused the husband when he had confessed of having killed the child. He was handed over to the Police. Police had drawn up a criminal proceeding under Section 302 of the Indian Penal Code against the husband.

(3.) HER education was very poor. She had no minimum "common sense", no "independent thinking". She gave birth to a male child in February 9, 2000. However the child expired on April 7, 2000 because of respiratory problem. The husband tried to save the life of his son but in vein. The wife made a complaint against him intentionally. The local people mercilessly assaulted him alleging murder of the child.