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2008 Supreme(Cal) 1021

ASHIM KUMAR BANERJEE, DIPANKAR DATTA
Smti Ananta – Appellant
Versus
Ramchander – Respondent


Advocates appeared:
K. M. B. Jayapal, for Appellant; Mrs. Anjili Nag, for Respondents.
Cases Referred:
1. (2007) 4 SCC 511
2. AIR 2005 Sc 534 : 2005 AIR SCW 163

Judgment

ASIDM KUMAR BANERJEE, J. :- I have read the well versed judgment written by my esteemed brother, I am in full agreement with the conclusion My Lord has arrived at. To supplement, I however wish to add few lines in this regard.

2. His Lordship referred to the conciliation proceeding we had in our Chamber. We intentionally held the conciliation proceeding in presence of the minor child who was accompanying his father. From the demean our of the child I cannot resist my temptation to observe that My Lord is correct to the extent that the child was under the influence of his father. The child was about 6-7 years when he was separated from his mother, according to the respondent. He deposed before the learned District Judge when he was 1 I years. Now, he is 12 years. The factum of influence, in my view, is not unnatural because of his tender age and long dissociation with his mother.

3. As has been observed by My Lord, the learned District Judge placed heavy reliance on the evidence of the minor child while coming to the conclusion that the appellant was responsible for mental cruelty being inflicted on her husband. My Lord has analyzed the evidence in detail need not repeat the s

























































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