AVIJIT GHOSH Vs. JAYITA GHOSH

JUDGEMENT

(1.) This revisional application is directed against the order no. 29 dated December 10, 2014 passed by the learned Additional District Judge, 10th Court, Alipore, South 24-parganas in Act-VIII Case No. 116 of 2013, by which an application raising a question of maintainability of the proceeding is rejected on contest.

(2.) The aforesaid case originates from an application under Section 24 of the Guardians and Wards Act, 1890 at the instance of the wife/opposite party praying for her appointment as guardian of the minor son till he attains the majority and to allow her to meet the said minor son in India with a direction upon the opposite party/husband to produce the child at the interval of every two months.

(3.) The husband is contesting the said proceeding by taking a plea that a compromise was entered into in an earlier proceeding, being Miscellaneous Case No. 362 of 2012, whereby and whereunder the husband/petitioner was allowed to take the minor child in Malaysia for his better future and welfare; and the wife/opposite party was given a right to visit the minor son in every three months in Malaysia. Several instances and details have been narrated in the objection filed by the husband/petitioner showing that the wife, in fact, visited Malaysia and interacted with the child.