LAWS(CAL)-2023-2-88

SUSMITA SARKAR MONDAL Vs. PRATIK RAM MONDAL

Decided On February 28, 2023
Susmita Sarkar Mondal Appellant
V/S
Pratik Ram Mondal Respondents

JUDGEMENT

(1.) The appeal is arising out of a judgment passed in an application filed by Pratik Ram Mondal for custody of the ward under Ss. 7, 9, 17 and 25 of the Guardians and Wards Act, 1890 read with Ss. 6 and 13 of the Hindu Minority and Guardianship Act, 1956. The application was filed for restoration of the custody of the minor son, Priyanshu, who alleged to have been illegally removed from the custody and guardianship of Pratik Ram by his wife Susmita on 4/3/2017.

(2.) The said application was filed on 27/4/2017 by Pratik praying, inter alia, for restoration of custody of the child.

(3.) The respondent is living in a joint family with parents, uncle, paternal uncle's wife, cousin brothers and other members in the ancestral residential complex. The child was growing up along with the elder members of the family. Pratik wanted his son to be reared up in the same manner and similar atmosphere in which he grew up in a joint family so that the child can enjoy the love, affection and comfort of the elders and other members of the family who are simple minded and led a simple life.