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2001 Supreme(Cal) 109

PRABIR KUMAR SAMANTA
ANAMITRA DUTTA GUPTA – Appellant
Versus
SOUMEY DUTTA GUPTA – Respondent


Advocates Appeared:
ASOKE BANERJI, DEBJANI SENGUPTA, Jayanta Mitra, MANAB GUPTA, SURAJIT DEY

PRABIR KUMAR SAMANTA, J.

( 1 ) THE very sensitive issue as to whether a natural mother should be allowed custody of a minor female child aged about 6 years at present for two days in a week, while the parents are fighting litigation amongst themselves, is the subject matter of this revisional application.

( 2 ) THE matrimonial background of the parents of the child is not too long and seems to have estranged 10 years after the marriage while the only female child born out of the wedlock was about 5 years old. The wife/petitioner alleging both physical and mental torture by her husband and his parents lodged a complaint on 5-2-99 with the concerned Police Station u/s. 498a/406/34 of the Indian Penal Code against her husband and inlaws. On the basis of the said complaint a police case was instituted. It also appears from the records that the husband/opposite party at the same time filed a suit for restitution of conjugal rights against his wife. It is an admitted position that the aforesaid minor child is in the keeping of her father at present. The mother of the child alleged that she was compelled to leave the matrimonial home without her daughter because of physical and mental to












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