KALYAN ROY Vs. PRIYANKA ROY

JUDGEMENT

(1.) The petitioner has challenged the order dated May 18, 2015 passed by Learned Sessions Judge, Birbhum in Criminal Appeal No.03 of 2015 reversing the order passed by Learned Magistrate by filing this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

(2.) It appears from record that the opposite party filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as PWDV Act) against the petitioner and other in-laws of the opposite party before the Court of Learned Chief Judicial Magistrate, Birbhum. The opposite party prayed for protection order under Section 18 of the PWDV Act and custody of her minor daughter under Section 21 of PWDV Act. By order dated January 6, 2015, Learned Magistrate refused to hand over the custody of the minor daughter from the petitioner/father to the opposite party/mother. The said order of Learned Magistrate was challenged by the opposite party before Learned Sessions Judge, Birbhum. Learned Sessions Judge, Birbhum disposed of the said Criminal Appeal No.03 of 2015 by giving direction to the petitioner/father to hand over the custody of the minor child to the opposite party/mother. The said judgment and order dated May 18, 2015 passed by Learned Sessions Judge, Birbhum in Criminal Appeal No.03 of 2015 is under challenge in this revision.

(3.) Mr. Bhattacharya, Learned Senior Counsel appearing on behalf of the petitioner contends that the opposite party prayed for custody of the minor daughter without praying for specific protection order before the Court of Learned Magistrate. He further submits that the minor daughter of the petitioner is admitted to the school and she is looked after by the petitioner who happens to be the father of the minor daughter. Mr. Bhattacharya argues that the minor daughter is not willing to live with the opposite party/mother and she started crying when she was asked to accompany the opposite party/mother even for a single day by an interim order of this court. According to Mr. Bhattacharya, Learned Sessions Judge did not assign valid reasons for changing the custody of the child who is happy in the present custody of the petitioner/father.