Soma Deyati vs Mrinal Deyati - 2022 Supreme(Cal) 358

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 358

BISWAJIT BASU
Soma Deyati – Appellant
Versus
Mrinal Deyati – Respondent

Advocates appeared:
Mrs. Indranath Mukherjee, Md. Manuwar Ali., for the Appellant; Mr. Probal Mukherjee, Sr. Adv., Mr. Supriyo Das, Mr. Siddhartha Paul., Dr. Indrani Dutta Mr. Partha Pratim Roy, Mr. Dyutiman Banerjee., for the Respondent

JUDGMENT

Biswajit Basu, J. - An affidavit filed on behalf of the opposite party and reply thereto filed by the petitioner be kept with the record. The parties are husband and wife, due to matrimonial discord, they are at present, living separately. They have a son in their wedlock who is in the custody of the mother, the petitioner herein. The said son of the parties was a student of the Asian International School, Howrah (AIS in short).

2. The father, the opposite party herein, has initiated a proceeding under the Guardians and Wards Act, 1890 for the custody of his said minor son which is pending before the Court of Additional District Judge, Fast Track-I, District- Howrah being Misc. Case No. 142 of 2021. The Order no.11 dated May 11, 2022 passed in the said Misc. case is under challenge in the present application under Article 227 of the Constitution of India.

3. In the said Misc. Case, the father, on April 26, 2022 filed an application alleging that offline class of the child had commenced on and from April 07, 2022 but the mother is not sending the child to the school without any valid reason and prayed immediate action so that the son is not deprived of his right to education.