AMRITA ROY Vs. SOUMEN CHAKI

JUDGEMENT

(1.) This civil revisional application has been filed by the petitioner under Article 227 of the Constitution of India challenging Order No. 89 dtd. 3/2/2024 passed by learned Additional District Judge, 2nd Court, at Siliguri in Misc. Case No. 1 of 2022 (arising out of Mat Suit No. 435 of 2021).

(2.) The brief fact of the case is that the opposite party filed application under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the present petitioner being Mat Suit No. 435 of 2021. The opposite party also filed an application under Sec. 26 of the Hindu Marriage Act, 1955 being Misc. Case No. 1 of 2022 praying for custody of the minor daughter. The petitioner on the ground of cruelty filed an application for divorce under Sec. 13 of the Hindu Marriage Act, 1955 which has been registered as Mat Suit No. 114 of 2022. Upon joint prayers of the parties, both the suits being Mat Suit No. 435 of 2021 and Mat Suit No. 114 of 2022 were directed to be tried analogously. The application of the opposite party under Sec. 26 of the Hindu Marriage Act, 1955 was allowed on 3/2/2024 by the learned Trial Court directing that the custody of the minor child, who is presently residing with the father, shall continue with the father till she attains majority.

(3.) Being aggrieved by and dissatisfied with the impugned order, the petitioner has preferred the revisional application.