IN THE MATTER OF : DHRUBA RAKSHIT Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India to assail the order dated 6th July, 2010 passed by the Ld. Sub-Divisional Magistrate, Kalna whereby custody of the child was given to the opposite party No. 1, mother. The above-said order was made subject matter of Criminal Revision No. 21 of 2010 and the same was dismissed by the court of Additional Sessions Judge, Kalna.

(2.) The present petition tantamount to second revision and the same cannot be entertained. Considering the paramount welfare of the child, custody has been given to the mother. Two courts below have examined the issue threadbare. The third court will not cause interference considering the factual position until any patent illegality or infirmity is pointed out. From perusal of the order passed by the two courts below and the present petition, no such infirmity or illegality is discernible.

(3.) Counsel for the petitioner has submitted that the opposite party No. 1 is disentitled to custody of the child as she is living in adultery.