ALOKE SARKAR Vs. ANINDITA SARKAR NEE BASU

JUDGEMENT

(1.) The instant revisional application is directed against Order No. 9 dated 26.9.1994 passed by Shri S. B. Aich, learned Additional District Judge, 13th Court, Alipore in Matrimonial Suit No. 15 of 1994. allowing the application of the opposite party for custody of a male child under section 26 of the Hindu Marriage Act, 1955.

(2.) The aforesaid suit, which is now pending before the Trial Court, was filed by the husband, the present petitioner against the opposite party for dissolution of marriage on the alleged ground of cruelty and desertion.

(3.) In the aforesaid suit the wife being the opposite party herein, filed an application under section 26 of the Hindu Marriage Act for custody of the male child of the parties aged about 6 years. In the aforesaid application made by the opposite party it was, inter alia, pleaded by the opposite party that after driving out the opposite party from her matrimonial home, the husband being the present petitioner has forcibly detained the child aged 6 years, born out of the lawful wedlock of the parties; that the child was admitted in Sunshine School at Kurseong by the petitioner against the wish of the opposite party only to separate the child from the mother, although she was very careful and attentive to the child and due to nature of his pre-occupation the father could not devote any time for the upbringing of the child; that because of separation from the mother the child was forced to live in a school hostel feeling emotional starvation, a situation which is not at all conducive to the happy and healthy growth of the child; as the opposite party is not getting any access to the child due to instruction given by the petitioner to the school authorities the natural upbringing and growth of the child is being disturbed and if such a situation is permitted to continue for a longer period, the same shall cause permanent damage to the over all intellectual, mental and physical growth of the child; that the petitioner has recently come to know that the child has been brought to Calcutta and is at present staying with the father; under such circumstances the custody of the child should be restored to the mother for proper maintenance and education as during the formative years of the development of mental faculty of the child, the company of the mother is very much needed.