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1986 Supreme(Cal) 478

A.M.Bhattacharjee, SHYAMAL KUMAR SEN
Gopaguha – Appellant
Versus
Rathin Guha – Respondent


Advocates:
Advocate Appeared:
A.P.Chatterji, M.A.Vidyadharan, Saktinath Mukherjee, Shanti Das, T.K.Banerjee,

JUDGMENT

1. THE respondent-husband has filed a petition purporting to be under the provisions of Section 6 read with Section 25 of the Guardian and Wards Act, 1890, against the appellant-wile for an appropriate order enabling the husband "to retain the custody" of their minor child aged about three years and for restraning the wife "from taking out the child forcibly or by any other means from the custody" of the husband. In aid of the reliefs so prayed, the husband also filed an application for temporary injunction under the provisions of Order 39, Rules 1 and 2 of the Code of Civil procedure whereupon the trial court granted an exparte interim injunction restraining the wife from removing or taking away the minor from the custody of the husband and after hearing the parties the trial court has made absolute the aforesaid order of interim injunction. Being aggrieved, the wife has filed this appeal along with an application "for injunction and/or stay of operation" of the impugned order. For expedition as well as to shorten litigation both the. appeal and the application have been heard together, a course to which the learned counsel for both the parties have readily agreed. We have












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