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1995 Supreme(Cal) 103

Bijitendra Mohan Mitra
Partha Sarathi Dutt – Appellant
Versus
Lopamudra Dutt – Respondent


Advocates:
Advocate Appeared:
Kiron Sankar Roy, Debapriya Banerjee for the petitioner;
Bhaskar Bhattacharyya, Asit Kr. Bhattacharyya for the opposite party.

JUDGMENT

Bijitendra Mohan Mitra, I.: The present revisional application is directed against Order No. 19 dated 3.9.1994 passed by the' 9th Court of Additional District Judge at Alipore in Misc. Case No.6 of 1994. The said Misc. case is one under s. 26 of the Hindu Marriage Act, 1955 since amended. The Misc. case is off shoot of a matrimonial proceeding being Matrimonial Suit No. 18 of 1994 filed by the husband against the wife for the relief of restitution of conjugal rights. The petitioner/father being aggrieved by the impugned order has come to this Court. The mother of the child is a Hindu and a citizen of India and the father is also a Hindu but a citizen of Canada. The husband petitioner is a permanent resident of Canada being engaged in his avocation of gainful occupation. In the said Misc. case a prayer was made to the effect so that the petitioner father may have access to the child and petitioner's mother, Smt. Minati Dutt and his married sister, Smt. Sukanya Dutt are allowed to see the child once in a week during the petitioner's absence from this Country. This Court has elicited the information that the sister of the petitioner, Smt. Sukanya Dutt, as a married person havi









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