NANDINI CHOWDHURY Vs. RANA ROY

JUDGEMENT

(1.) THIS first miscellaneous appeal is at the instance of an applicant under the Guardians and Wards Act, 1890 (hereinafter referred to as the Act) and is directed against Order No. 3 dated 11th May, 2007 passed by the District Judge, alipore in Act VIII Case No. 108 of 2007 thereby refusing to grant of any interim order on an application under Order XXXIX Rules 1 and 2 of the Code of Civil procedure read with Section 12 of the Act filed by the appellant. Being dissatisfied, the applicant has come up with the present appeal.

(2.) THERE is no dispute that the parties were at one point of time married and both were American citizens when a competent Court in America passed a decree for divorce on certain terms and conditions. There is a female child born in the wedlock who is now aged about seven years staying in the custody of the mother pursuant to the initial direction given by the competent Foreign Court. After the passing of the divorce, the appellant before us, the mother, remarried a friend of the respondent and in the new wedlock, another child was born during the pendency of this appeal.

(3.) IT appears from the record that after the passing of the decree of divorce, the appellant had come back to India in order to see her ailing father and at present, she is staying at Kolkata. The child has been admitted to a school in kolkata after discontinuing her studies in America.