MRS. ARCHANA BARTHAKUR Vs. DR. RANJIT BARTHAKUR

JUDGEMENT

(1.) DR . Ranjit Barthakur, the present opposite party has tiled a suit against his wife Mrs. Archana Barthakur, the present Petitioner for restoration of conjugal rights, That suit is still pending in the court below. The name of the daughter is Amrita @ Ruma, whereas the name of the son is 'Baba'. Amrita was born on 31st January, 1977, where is Baba was born on 7th September, 1979.

(2.) DURING the pendency of the said suit the present opposite party filed an application seeking an order "for restoring the custody and care of the said minor children to the Petitioner so as to enable the Petitioner to make necessary arrangement for the education of the daughter in a suitable school and hostel at Shillong". The application was resisted by the present Petitioner alleging, inter alia, that the "unsavoury, uncongenial and unfavourable environment is not conducive for proper upbringing of the minor children" and that she being the mother was equally anxious to see the welfare of her minor children. The Court below by an order dated 16th March, 1982 granted interim custody of the daughter Amrita @ Ruma to the present opposite party. Aggrieved, the Petitioner has preferred this revision petition.

(3.) THE learned Counsel for the Petitioner submitted that the interest and welfare of the minor is of paramount consideration in such matters and as Amrita @ Ruma is aged 7 (seven) years and 4(four) months and is deeply attached to her mother and is not willing to go and live with her father, she should not be compelled to stay either with her father or in some hostel at Shillong. The submission was that as the mother is also highly educated and is earning about Rs. 2000/ - per month as a Government employee she is in a position to look after the welfare and studies of her daughter Ruma and son Baba. The learned Counsel for the opposite party, on the other hand, submitted that keeping in view the welfare of Amrita and Ruma it would be but fit and proper if she is kept in a hostel of a school at Shillong, where she can receive proper education, and all the expenses in that behalf shall be borne by the opposite party. In reply, the learned Counsel for the Petitioner submitted that Amrita @ Ruma is already receiving her education in Udaygiri English School at Gauhati and is staying with her 'Nani'. Her mother very after visits Gauhati and looks after Ruma as well. If at this tender age she is asked to live in a hostel, she would -be deprived of the love and affection of her mother which will certainly retard her mental and emotional development.