Judgment

C.K. THAKKER, J.- Leave granted.

2. The present appeal is filed against the judgment and order passed by the Additional District and Sessions Judge, Fast Track, 1st Court, Barasat on 15-7-2006 and confirmed by the High Court of Calcutta in FMAT No. 3185 of 2006 on 7-12-2007. By the impugned orders, both the courts below directed handing over custody of a minor child, Antariksh Kundu to father, Abhijit Kundu, the respondent herein.

3. To understand the controversy in the appeal, it is appropriate if we narrate the relevant facts of the case:

The appellants herein, (i) Nil Ratan Kundu and (ii) Smt Kabita Kundu are maternal grandfather and grandmother respectively of minor Antariksh, father and mother of deceased Mithu Kundu and father-in-law and mother-in-law of Abhijit Kundu, the respondent herein. It is the case of the appellants that they had a daughter, named Mithu whom they gave in marriage to Abhijit Kundu on 8-8-1995. The marriage was performed according to Hindu rites and ceremonies. Sufficient amount of dowry, by way of money, ornaments and other articles, was given to the respondent.

4. According to the allegation of the appellants, however, the respondent and his mot