AJAY RASTOGI, ARINDAM LODH
Dilip Malakar Son of Late Makhan Malakar – Appellant
Versus
Apu Das S/o Late Anukul Chandra Das – Respondent
ARINDAM LODH, J.
1. This is a very unfortunate case where this Court is to deal with the question of the custody of a minor girl, Miss Pushpita, who claims to be comfortable with her maternal grandfather (whose said status also is in dispute) than her own parents. The custody of a minor girl, Miss Pushpita is in question, and prolonged fight leading to criminal prosecution as well as civil litigation has been a regular feature. The ongoing fight between the biological parents of Miss Pushpita Das and her maternal grandparents (as they claimed) started in the year 2011. There were cases and counter cases between the parties, even criminal cases were filed, and ultimately, the maternal grandfather approached the Family Court, West Tripura, Agartala for appointing him as guardian of Miss Pushpita Das under Section 10 of the Guardians and Wards Act, 1890 which was seriously countered and contested by the biological parents of Miss Pushpita Das.
2. The background facts of the case in a nut-shell are as follows:-
3. The biological parents of Miss Pushpita Das, Sri Apu Das and Smt. Papri Das (Malakar) entered into wedlock in the year 2000 and out of that wedlock twin daught
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