Decided on July 20,1995



- (1.)This appeal is preferred against an order dated 13th July, 1995 passed by a learned single Judge of our Court in Contempt proceeding being Civil Rule No. 362/95.
(2.)In the Matrimonial suit there was a proceeding for a child's custody under S. 26 of the Hindu Marriage Act and the learned Trial Judge directed the child to be handed over to the custody of the mother. The father was given the liberty to visit the child once every week.
(3.)Against this Order No. 9 dated 26th September, 1994 passed by the learned Additional District Judge, 13th Court, Alipore (South) 24 Paraganas in Matrimonial Suit No. 15/94, the husband Aloke Sarkar, father of the child Ayan, preferred a revisional application before this Hon'ble Court being numbered as Civil Revision No. 1838A of 1994. It was disposed of by a learned Single Court of our Court on 23rd December, 1994 on the affirmation of the Trial Court's order and the father of the child was directed to hand over the custody of the child to the mother within one week from the date of the order at her residence being No. 4, Jawpur Road, P. 3, Dum Dum, Calcutta-700074, in default the mother of the child as opposite party was given liberty to take all appropriate steps under the law to recover the child and to have his custody. It was made clear by the learned Single Judge that the husband/petitioner would be at liberty to visit the child once a week at the residence of the wife after giving a prior intimation to the wife/O.P. The present appellant Aloke Sarkar, father of the child moved Hon'ble Supreme Court of India and by an order dated 11th July, 1995 the Division Bench of Hon'ble Supreme Court passed an order inter alia, to the following effect :
"We see no reason to entertain the Special Leave petition and dismissed the same. The father is directed to hand over the child pursuant to the Court's order and if he does not do so, it would be a breach of the Court's order for which he can be hauled up for contempt."


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.