SOMA MAZUMDAR Vs. SANJAY MAZUMDAR

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against an order being Order No. 43 dated 2nd March, 2007 passed by the learned Additional District Judge, 7th Court at Alipore in Misc. Case No. 32 of 2005 at the instance of the plaintiff/petitioner.

(2.) THE plaintiff/petitioner filed a suit for divorce against the defendant/opposite party on the ground of cruelty. In connection with the said suit, the plaintiff/petitioner filed an application under section 26 of the Hindu marriage Act for an order for interim custody of the female child who is aged about four years.

(3.) ADMITTEDLY, twin babies were born on 19th May, 2003. It is also an admitted fact that the male baby is in the custody of the mother and the female baby is in the custody of the father.