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2006 Supreme(Cal) 198

KALYAN JYOTI SENGUPTA
SANJIB SAHA – Appellant
Versus
BIDISHA SAHA – Respondent


KALYAN JYOTI SENGUPTA, J.

( 1 ) BOTH the matters are taken up for hearing as application being GA No. 3152 of 2005 is off-shoot of the original proceedings being AGWA No. 3 of 2005. The parties hereto were husband and wife at one point of time. They were married on 26th april, 1993. There has been no issue, except a girl child Shrabasti Saha of their above marriage. However, the marriage did not survive for long and it ended with a decree of dissolution dated 10th March, 2003 on their joint petition filed on 2nd September, 2002. In the joint petition there were various terms and conditions, apart from mutual intention to severe their marriage tie. The above order for dissolution of marriage was passed under Section 28 of the Special marriage Act, 1954, by the learned Additional District Judge at Barasat accepting their terms and conditions mentioned in their joint petition. The parties thereto and herein, agreed as far as custody and maintenance of the said girl child who is now 8 years old are concerned, as follows : (a) The child Shrabasti Saha shall remain in the custody and care of her mother, the petitioner No. 2 and the said petitioner no. 2 shall take all steps to get the c























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