(1.) THIS is an appeal against Order No. 24 dated june 11, 2007 passed by the learned Additional District Judge, First Court, hooghly in Matrimonial Suit No. 81 of 2006.

(2.) THE husband institutes a suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the said Act). The said application is registered as Matrimonial Suit No. 81 of 2006 and is presently pending in the Court of the learned Additional District judge, First Court, Hooghly.

(3.) THE husband files an application under Section 26 of the said Act in the said suit seeking custody of the minor child from the respondent/wife.

(4.) BY the order impugned, the learned Additional District Judge rejects the said application filed by the husband.

(5.) BEING aggrieved, this appeal is filed by the plaintiff/husband.

(6.) SUB-SECTION (2) of Section 28 of the said Act provides for appeals against orders made under Sections 25 and 26 of the said Act, if they are not interim orders.

(7.) AS we have indicated hereinabove, the said order is passed in proceedings filed under Section 9 of the said Act. Although the Court below rejects the application filed by the h