Ravindra Kumar VS. State Of Bihar

Extract

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Ravindra Kumar VS. State Of Bihar

The Judgement Information System REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4960 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 1243 OF 2008

NIL RATAN KUNDU & ANR. ... APPELLANTS

VERSUS

ABHIJIT KUNDU ... RESPONDENT

J U D G M E N T

C.K. THAKKER, J.

1. Leave granted.

2. The present appeal is filed against the judgment and order passed by the Additional District & Sessions Judge, Fast Track, 1st Court, Barasat on July 15, 2006 and confirmed by the High Court of Calcutta in F.M.A.T. No.

3185 of 2006 on December 7, 2007. By the

2 impugned orders, both the Courts below directed handing over custody of minor child Antariksh Kundu to father-Abhijit Kundu, respondent herein.

Factual matrix 3. To understand the controversy in the appeal, it is appropriate if we narrate relevant facts of the case: 4. The appellants herein, (i) Nil Ratan Kundu and (ii) Smt. Kabita Kundu are maternal grand father and grand mother respectively of minor Antariksh, father and mother of deceased Mithu Kundu and father-in-law and mother-in-law of Abhijit Kundu-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 August 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. According to the

3 allegation of the appellants, however, the respondent and his mother were not satisfied with the dowry and they started torturing Mithu for bringing more money from the appellants. On November 18, 1999, a male child-Antariksh was born from the said wedlock. The appellants thought that after the birth of son, torture on Mithu would be stopped. Unfortunately, however, it did not so happen. Mithu was totally neglected and the harassment continued. She became seriously sick. Coming to know about the ill-health of Mithu, the appellants brought her to their house and got admitted her in a nursing home for medical treatment. On being cured, she returned to her matrimonial home, but the demand of dowry persisted and physical and mental cruelty did not stop.

4. In the night of April 9, 2004, as alleged by the appellants, Mithu was brutally assaulted by the respondent and his mother and was brought to a hospital where she was declared dead. Immediately on the next day

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i.e. on April 10, 2004, appellant No.1 lodged First I...

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