TUA SANTRA Vs. SANDIP BISWAS

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India impeaches the order no. 10 dated April 10, 2019 in Judicial Misc. Case No. 43 of 2018 passed by the learned District Judge, Paschim Medinipur.

(2.) By the said order, the learned court below, which had already passed a decree under Section 13(B) of the Hindu Marriage Act (hereafter the Act), entertained an application under Section 26 of the Act read with Section 25 of the Guardians and Wards Act read with Section 6 of the Hindu Minority and Guardianship Act, purportedly for modification of the order regarding custody of the minor child.

(3.) The matter had been fixed for further hearing on May 8, 2019 after having rejected an application challenging the maintainability of the application made by the petitioner/wife of such application, as referred to above. However, this Court on considering the submissions made, initially had passed an interim order staying all further proceedings in the said Judicial Misc. Case no. 43 of 2018 on June 10, 2019, which had been extended from time to time, which is in force until November 30, 2019.