DIPAK BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner No. 1 & 3 are the parents of petitioner No.2 and the father-in-law of the Respondent No.6.

(2.) It is the case of the writ petitioners that on February 14,2010 the marriage between the petitioner no.1 and the Respondent No.6 was solemnised according to the Special Marriage Act, 1954 and in their wedlock a male child was born in March 2012. Thereafter due to some discord and differences crept in between them, their relations became strained and on June, 2012 the Respondent No.6 left her matrimonial home leaving the child in the custody of writ petitioner No.2, the father of the child and his parents. Since then child was residing with the petitioner No.2 and his parents, the remaining petitioners.

(3.) In the meantime in August 2013 the petitioner No.2 and Respondent No.6 filed a MAT Suit before a competent Civil Court for dissolution of their marriage on mutual consent which is still pending. While pursuing for dissolution of marriage, on mutual consent, it was agreed between the parties that the child will remain in the care and custody of the husband i.e. the petitioner No.2 herein, however the Respondent No.6 shall have the visitation rights.