BIMALENDU KUMAR CHETTERJEE Vs. DEEPA CHETTERJEE

JUDGEMENT

(1.) Heard learned counsel for the parties on I.A. Petition No. 278/2002, which is filed by the plaintiff-appellant under Section 151, CPC for getting custody of his child.

(2.) The plaintiff-appellant is the husband of respondent-Deepa Chatterjee and out of their wed-lock a child was born. Some differences cropped up between them, as a result of which plaintiff-appellant filed a Title (Matrimonial) Suit No. 1/92 in the Court of Additional District Judge for restitution of conjugal rights as respondent Deepa Chatterjee had left the residential house of plaintiff-appellant with her daughter and during the pendency of the matrimonial suit the plaintiff-appellant filed a petition for custody of the child. On 21-11-96 an order was passed for custody of the child to the appellant by the learned Family Court. The respondent Deepa Chatterjee, without preferring an appeal against the said order, filed a writ petition, which was held to be not maintainable but granted visiting right to the plaintiff-appellant once in every week. The said order was affirmed by an interim order dated 25-11-97 in LPA No. 358/97. By judgment dated 4-5-2000 a Division Bench was pleased to set aside the order of the learned single Judge and affirmed the order of the Family Court passed on 21-11-96. The plaintiff-appellant, thereafter filed an application before the Family Court, Dhanbad for implementation of the order dated 21-11-96 affirmed in LPA No. 358/97. The learned Family Court sought some clarification, as a result of which the plaintiff-appellant had filed an interlocutory application No. 962/2000 in the disposed of LPA No. 358/97. By an order dated 6-11-2000 the Division Bench affirmed the interim order dated 25-11-97 passed in LPA No. 358/97 but, being aggrieved with the said order dated 6-11-2000, the plaintiff-appellant preferred a special leave petition before the Hon'ble Supreme Court being SLP (Civil) No. 1447/2001 and Hon'ble Supreme Court, by an order dated 19-9-2001, allowed the aforesaid Civil Appeal No. 6501/2001 (arising out of SLP (Civil) No. 1447/2001 (reported in 2002 AIR-Jhar HCR 809 : AIR 2002 SC 2528) and set aside the order dated 6-11-2000 in LPA No. 358/97. Pursuant to that order the plaintiff-appellant has filed this interlocutory application for a direction for making appropriate arrangement for getting custody of his minor daughter.

(3.) The plaintiff-appellant appeared in person and submitted that he has been pursuing the matter for the last 10 years to get custody of his minor daughter and order in his favour for handing over custody of the minor daughter has been passed directing the respondent No. 1 to hand over the custody of the minor daughter but in spite of the order she has no respect for the orders of the Hon'ble Court and till now she disobeyed the orders of the Court. He further submitted that his wife and minor daughter are under the control of his Sasural people and they are mischievously tutoring them not to reside with him and to hand over the custody of the minor daughter in question and his anxiety and desire to bring up his daughter in proper way and give proper education to her will be clear from the series of applications filed by him before the respective authorities and as per order of Hon'ble Supreme Court passed in Civil Appeal No. 6501/2001 the custody of his daughter be handed over to him so that he could give her proper education.