PRAVAT KUMAR SAHA Vs. DILIP PRAMANICK

JUDGEMENT

(1.) This appeal is arising out of a judgment and order being Order No. 31, dated 1 4/02/1996 passed by Shri A. N. Sen, the Id. District Judge, Barasat, North 24-Parganas, in Act VIII Misc. Case No. 5 of 1994 dismissing the said Misc. Case on contest but without cost.

(2.) The Act VIII Misc. Case No. 5 of 1994 was instituted by Pravat Kumar Saha, the appellant (hereinafter referred to as 'appellant') by filing an application under Sections 7, 8 and 10 of the Guardians and Wards Act, 1890 before the Ld. District Judge at Barasat, 24-Parganas (North) praying that appellant be appointed guardian of the person and property of the minor Shri Debankur Pramanick alias Bapi (hereinafter referred to as 'Bapi' ) till he attains maturity and/ or majority. The respondent Dilip Pramanick (hereinafter referred to as 'respondent') who is the father of Bapi also filed an application under Sections 7, 8 and 10 of the Guardians and Wards Act, 1890 for recording 'no objection' of the respondent to the application of the appellant for appointment as guardian of the person and property of the minor Bapi till he attains the maturity and/or majority, However, subsequently the respondent in connection with the aforesaid Misc. Case filed the written objection and prayed for rejection of the petition filed by the appellant under Sections 7, 8 and 10 of the Guardians and Wards Act,, 1890 and directing the appellant to make over the minor Bapi to the custody of his father and natural guardian with immediate effect.

(3.) It is an admitted fact that the marriage between the respondent and Smt. Papia, since deceased, the daughter of the appellant was solemnized on 12-8-91 according to Hindu rites and out of such marriage a son Debankur alias Bapi was born on 28/05/1992. On 21-10-93 Smt. Papia died at R. G. Kar Medical Hospital in an unnatural circumstances out of burn injury. At the time of burning she was staying with Bapi at the residence of her father, the appellant. In connection with the unfortunate death of Smt. Papia a criminal case being Khardah, P. S. Case No. 430, dated 22-10-93 under Sections 498-A and 306 of I.P.C. is pending against the respondent; and his parents and police has submitted change-sheet in connection with the said case.