PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of the husband/plaintiff/petitioner herein and is directed against the Order No.22 dated June 8, 2012 passed by the learned Additional District Judge, Sealdah in Matrimonial Suit No.98 of 2009 thereby rejecting an application under Section 38 of the Special Marriage Act.
(2.) THE husband filed a matrimonial suit being MAT Suit No.98 of 2009 against the wife/opposite party herein for dissolution of marriage by a decree of divorce under Section 27(1)(b) & (d) of the Special Marriage Act, 1954 and the wife is contesting the said suit. A daughter was born in the wedlock and the said daughter is now 10 years of age. The husband filed the said application for the custody of the child and that application was rejected by the impugned order. Being aggrieved, this application has been preferred. Question is whether the learned Trial Judge is justified in rejecting the said application.
(3.) ADMITTEDLY , the marriage between the two was solemnized on April 27, 2002 and the said marriage was subsequently registered on July 31, 2002. Admittedly a daughter born in the wedlock on March 9, 2003 and that child is now 10 years of age. Admittedly the wife/opposite party herein is residing at her father's house along with her daughter and the said daughter is now a school going child. The daughter is now reading in the Loreto School, where her mother has been working as a teacher.;