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DISTRICT- North 24 Parganas

IN THE COURT OF THE LEARNED DISTRICT JUDGE, AT

BARASAT

Act VIII Case No. of 2022;

In the matter of:

An application under Sections 7, 10 and

25 of the Guardian and Wards Act, 1890;

Between

ABHISEK DAS, son of Mr, Pradip

Kumar Das residing at Sumangal Garden,

AC 26 Daspara, Arjunpur, Baguiati,

Kolkata – 700059;

…..Petitioner

-And-

SHREYA DAS BHOWMIK, wife of

Abhisek Das, age 33, daughter of Swapna

Das Bhowmik, residing at 74/75 Jessore

Road South Nabatirtha Shishirkunja

Hridaypur Barasat 24 Parganas North

700127.;

….Respondent
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The humble petition on behalf of the

petitioner abovenamed –

MOST RESPECTFULLY SHEWETH:

1. That the petitioner is Hindu by religion and is peace loving and

law-abiding citizen of India.

2. That the petitioner states that the respondent herein is also a

Hindu by religion and presently residing at the address as mentioned

herein above. The Petitioner further states that the respondent herein is

employed for gain in the position of Senior Analyst at Delloite and is

presently earning about Rs. 60,000 per month.

3. That the petitioner states that the petitioner and the respondent

met vi Sociaal wedding site and there was aa negotiation marriage

between them. They got married on Nov 25 2020 as per the Hindu rites

and customs at the 74/75 Jessore Road South Nabatirtha Shishirkunja

Hridaypur Barasat Kolkata 700127 in presence of parents, office

relatives and friend of both the parties. The said marriage was duly

registered Shubhash Chandra Dey office at 82 KNC Road Barasat, 24

Parganas, North, 700124. A Xerox copy of the said certificate is annexed

herewith and marked as annexure “A”.

4. That after the said marriage both the parties started residing

together as husband and wife at the house of the petitioner and

subsequently, the said marriage was duly consummated and out of the
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said wedlock a female child was born namely Taushini Das on Sep 13

2021 who is presently aged about 9 months.

5. That the petitioner states that at the time of birth of the child the

petitioner duly paid all the expenses of the hospital, further, he also bore

all the expenses before the birth of the child including screening and pre-

natal doctor visits and care.

6. That the petitioner states that almost immediately after the said

marriage, things started getting bitter between the petitioner and the

respondent at the behest of and actions done by the Respondent.

7. That the petitioner states that to the surprise of all, it was found

that within a week after the marriage, the behavior of the

respondent/wife was not of the kind one expects from a new bride. She

was insolent, irrational, and discourteous and ill-behaved with all and

created embarrassing situations by terrorizing the members of the family

of the in-laws. She became absolutely stubborn and refused to

participate in even the most basic family activities such as dinners.

8. That the petitioner states that after their marriage, the actual

character of the respondent was revealed. She started to abuse the

petitioner for no reason even dragged the parents of your petitioner into

it by using filthy languages against them. She used to instigate fights on

extremely petty and flimsy issues and fan the flames to create a scene in

front of all the family members and neighbors.

9. That the petitioner states that the mother of the respondent were

not far behind from their daughter in using pressure tactics and use of

filthy language against the petitioner and his family. She frequently used

to call the respondent to her house and insisted her to stay back there
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for long duration without any reason. She heavily and primarily was the

driving force behind the deplorable actions of the respondent. She used

to advice and instruct the respondent behind the scenes to pick fights

and start arguments.

10. That the petitioner states that the mother of the respondent passed

some false and derogatory statements about the physical (sexual) ability

of the petitioner to the relatives of the petitioner when they were on a

family trip. Such malicious and defamatory statements that too made to

the relatives of Your Petitioner caused him extreme humiliation and

mental agony.

11. That the petitioner states that, as mother of the respondent insists,

she always prefers to reside with her mother rather with the petitioner

and his family members. The mother of the respondent used to call the

respondent at all hours of the day and used to constantly order the

respondent to leave her matrimonial house and go back to her paternal

house.

12. That the petitioner states that moreover, the respondent herein

took her and the petitioner’s all gold ornaments received by them at the

time of their marriage from the family members and the relatives of the

petitioner and kept the said ornaments with her mother.

13. That the petitioner states that whenever the petitioner requested

her and his in laws to return the said gold ornaments belongs to the

petitioner, the refused and further threatened the petitioner with false

criminal cases.

14. That the petitioner states that however, the petitioner in order to

maintain her family life and his love towards the respondent, tried his
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level best to adjust with the respondent herein and cater to her every

whims and wishes which were extremely unjust and impracticable to

facilitate on a daily basis. On account of her being a foodie, the

respondent demanded that the petitioner take her out to eat at expensive

and opulent places on a daily basis. Such requests are not maintainable

for a person of average income yet he still tried to please her whims as

much as he in his financial capacity could.

15. That the petitioner states that the petitioner tolerated all the

behavior and quarrelsome attitude of the respondent and unwarranted

interference of her parents and family members in their matrimonial life

with the expectation that things would normalize with the passage of

time.

16. That the petitioner states that the respondent left her matrimonial

home on 13th October 2021 and she further took the minor daughter of

Your Petitioner who was aged about 1 month at the time after creating

chaos and nasty circumstances and started residing with her parents

along with the said child. The sister of the respondent was also present

at the matrimonial house of the respondent on that day and took an

active part in forcefully taking the month old baby and the respondent

away from the petitioner’s house on that day.

17. That the petitioner states that in spite of him constantly trying to

convince and persuade the respondent to return back to her matrimonial

house along with the minor daughter, the respondent refused to

accommodate or pay any heed to the desperate pleadings of Your

Petitioner and chose not to return to the matrimonial house along with

the daughter of Your Petitioner.

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18. That the petitioner states that the respondent herein always took

the ill-advice of her mother i.e. the mother in law of the petitioner. On

her ill-advice, she even threatened the petitioner that if he kept on

insisting to meet the daughter, they would move away and completely

deprive the petitioner of any chance to meet his daughter.

19. That the petitioner states that the respondent frequently

mentioned one thing to the petitioner and his parents that she always

wanted to become a “single mother”. Initially Your Petitioner thought that

this was a joke but after leaving the matrimonial house of the Petitioner,

the Respondent told her that her dream of being a single mother was

now fulfilled and that the Petitioner need not take any part in the life of

the minor daughter of Your Petitioner.

20. That the petitioner states that despite of the pandemic situation

the respondent always insisted the petitioner to move to Bangalore

without any valid reason leaving his parents in kolkata. The petitioner

used to make him understand that he cannot take the transfer to a new

city for professional reasons. However, without understanding the

respondent imposed conditions about relocation.

21. That the petitioner states whenever the petitioner used to visit the

paternal house of the respondent to see his daughter, he always faced ill

treatment and unwanted and irrational behavior from the members of

her family. The in laws of Your Petitioner treated the Petitioner as one

would a stranger and treated him with utter contempt often times even

refusing to hand the baby to him. Such ill treatment was also extended

to the family member of Your Petitioner who accompanied him during

such visits.
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22. That the petitioner states that the petitioner time and again tried

to convince the respondent and further requested her to become

considerate and not to take any drastic steps for the future of their

daughter. But the respondent refused to stay with the petitioner at his

house and further stated that it would ruin her daughter’s future if she

lived a single day with the petitioner. Respondent also mentioned that

she would never allow her daughter to be part of the petitioner’s family.

23. That the petitioner states that since then the petitioner time and

again visited the parental house of the respondent and requested her to

return along with daughter, however, the members of the respondent

every time misbehaved with the petitioner and insisted the respondent to

create nasty situation.

24. That the petitioner requested the respondent to let him know

about the vaccination details time and again of their daughter, the

respondent always finds excuses not to share the information with him.

25. That the petitioner states that such long deprivation of the

petitioner to meet his daughter frustrated not only his daily life but also

impacted his mental condition in an extremely detrimental manner.

26. That the petitioner states that on the occasion of his daughter’s 5 th

month birthday when the petitioner along with his mother and aunt

visited parental house of the respondent with gifts, toys, the respondent

herein and her parents unnecessary created nasty situation so that they

couldn’t stay there for long to spend time with the baby and they made

them to leave that place.

27. That the petitioner states that time and when the petitioner called

the respondent and asking her to show the baby through video call, she
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always gave flimsy and made up excuses not to comply with the

Petitioners wishes.

28. That the petitioner states that on several occasion he tried to bring

back the respondent and his baby to his house, but the respondent and

her parents in order to deprive your petitioner from the love and affection

of his child, never pay any heed to that.

29. That the petitioner states that the only intention of the respondent

is to deprive your petitioner from the love and affection of his own child

and the petitioner being the father of the said child has every right to

have custody of his daughter for his proper upbringing and have an

active role in the upbringing and childhood of his daughter.

30. That the petitioner states that as such the petitioner in spite of

being harassed and abused by the respondent and her family members

time and again whenever he visited to her parental house, further in the

month of 14th April 2022 petitioner visited the parental house of the

respondent to meet and interact with his child at her 7 th month birthday,

all of them again deliberately created nasty situation in presence of the

maid there, so that it makes the petitioner to leave that place with utter

disappointment. The in laws of the Petitioner also abused and

disrespected the petitioner and his family members using filthy and

derogatory languages.

31. That in the month of April 2022, when Your Petitioner was in his

office, the respondent along with her friend forcibly entered the house of

Your Petitioner and locked themselves in the room of your petitioner for

several hours following which they emerged with 5 large suitcases which
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were filled with clothes of the Respondent. However, Your Petitioner later

found that a substantial amount of cash that the Petitioner had received

during their wedding had also been taken by the Respondent without

informing him of the same.

32. That the petitioner states that, the petitioner is feeling scared to

visit and meet his daughter at the respondent’s house as on several

instances, the Respondent as well as her family member have repeatedly

threatened the petitioner by saying that if he continued to visit his

daughter, they would file false and frivolous cases against the Petitioner

and his family members and thereby inconvenience and have them

arrested.

33. That the petitioner states that the petitioner tried his level best to

bring back the respondent and his daughter in his house, but the

respondent has never shown any affection towards the petitioner and

always tried to keep the petitioner away from his daughter in furtherance

of her sinister and cruel ulterior motives.

34. That the petitioner states that the respondent has no right to

deprive the petitioner from the love and affection for his child and she

has no right to confine the minor from his parental family members

thereby causing mental trauma and depression to the child.

35. That the petitioner states that it is also within the knowledge of the

respondent that there is no good atmosphere in her parental house for

welfare and proper upbringing of the child, but the respondent only to

harass and deprive the petitioner has sequestered and confined the child

from the petitioner.

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36. That the petitioner states that the respondent and the lawyer from

the side of the respondent has proposed for the mutual divorce and

insisted the petitioner to discuss face to face on the terms and conditions

for the settlement. The lawyer from her side also threatened the

petitioner that for not doing that they would take legal actions against

the petitioner and his family members.

37. That the petitioner states that the petitioner had no option but to

attend the discussions where the lawyer from the respondent’s side had

shown harsh untoward behavior toward the petitioner and made

exorbitant demanded for certain things from the petitioner including a.

Rs 15,00,000 b. the gold ornaments of the respondent which has been

given to her from the petitioner’s side during marriage c. the furnitures

which are still at petitioner’s house and gym equipment. For this the

respondent side has given maximum of 10 days’ time to the petitioner

and for the deadline. The respondents lawyer also told them that if he did

not meet their demands, he would file cases against Your Petitioner and

his family members u/s 498A and its allied laws and provisions which

would publicly defame them and even have them arrested by the police.

38. That inspite of such harsh and untoward treatment meted out by

the Respodent towards your petitioner, Your Petitioner has been sending

a substantial amount per month to the respondent via bank transfer for

the maintenance of his minor daughter along with him physically

handing over certain cash amount to the respondent for the same

purposes in presence of his family members.

39. That the petitioner in a case for custody of a minor child under the

provision of the Guardian and Wards Act, 1890, the prime consideration
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is the welfare and wellbeing of the child and in the instant case the

welfare and wellbeing of the child shall be maintained under the custody

of the petitioner and the child would further have the ability to grow and

reach her full potential if the petitioner is able to have custody of the

child. Furthermore, the Petitioner is financially prepared to take care of

all aspects of raising the child and is willing and ready to do any and all

acts to ensure the proper and guided nurturing of the child.

40. That, your petitioner states that under the given scenario it is just

and proper that the custody of the child should be given with the

petitioner for his proper welfare and wellbeing or the visitation rights be

conferred upon the Petitioner which shall enable him to interact with his

daughter and have some semblance of participation in her life.

41. That the petitioner states that no other application on the selfsame

cause of action is pending before any Court of law.

42. The cause of action of the aforesaid suit arises on and around with

week of their marriage and on various dates and also on 13 th October

2021, when the respondent left her matrimonial home with the minor

child, and it further arose on a number of dates when the respondent

and his other family members did not allow the petitioner to meet his

daughter and the same is still continuing.

43. That though after deserting the petitioner the respondent started

residing with the minor son at her paternal home at 74/75 Jessore Road

South Nabatirtha Shishirkunja Hridaypur Barasat 24 Parganas North

700127, the petitioner preferring this application before this Learned

Court;
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44. That the instant application is made bonafide and for the interest

of justice.

45. That finding no other alternatives, for proper care, education and

wellbeing of his minor child, the petitioner has preferred an

application under Section 7, 10 and 25 of the Guardians and Wards

Act, 1890 before the Court of the learned District Judge Barasat,

being Act VIII Case No ……… of 2022.

46. That, your petitioner states that under the given scenario it is just

and proper that unless and until the respondent is directed to

handover the interim custody and allow visitation rights to the

Petitioner i.e. the father of the minor daughter of the petitioner, the

petitioner will suffer irreparable loss and injury.

47. That the petitioner states that the petitioner being the father of the

minor child namely Miss Taushini Das and since a long period of time

has been deprived from the love and affection of his daughter on the

instigation and cruel acts of the respondent and he has not met his

daughter for a quite long period of time and as such unless and until

the respondent is directed to handover the interim custody or allow

for the visitation rights of the minor son of the petitioner in favor of

the Petitioner, the petitioner will suffer irreparable loss and injury.

In the light of the above facts and

circumstances your petitioner most

humbly prays that Your Honour would

graciously be pleased to grant interim

custody of the minor daughter namely

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Miss Taushini Das in favour of the

petitioner or grant visitation rights in

favor of the Petitioner with a direction to

visit, meet and interact with the minor

daughter atleast twice a week or allow the

Petitioner to take the minor daughter to

his residence as mentioned above for a

reasonable duration such that he might

have a chance at being a part of the life of

the daughter pending disposal of the Act

VIII Case No …..…….. of 2022 and/or to

pass such further order or orders as Your

Honour may deem fit and proper, for the

ends of justice.

And for this act of kindness, your petitioner as in duty bound, shall ever

pray.
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VERIFICATION

I, Abhisek Das, son of Pradip Kumar Das, the petitioner of this instant

case, do hereby solemnly affirm and declare that the statements made

above are true to the best of my knowledge and belief and I, do sign this

verification at Barasat Court premises today.

Duly verified,

Advocate
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AFFIDAVIT

I, Abhisek Das, son of Pradip Kumar Das, aged about 38 years, by

faith - Hindu, by occupation- Service, residing at Sumangal

Garden, AC 26 Das Para, Arjunpur, Baguiati, Kolkata 700059 do

hereby solemnly affirms and state as follows:-

i) That I am the petitioner of the instant case.

ii) That, I am well acquainted with the facts of this case.

iii) That, the statements made in foregoing paragraphs are true

to the best of my knowledge and belief.

_____________________________

(Deponent)

Typed and prepared in my office

Under my supervision Identified by me

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Advocate Advocate