By IANS
Kolkata : A non-resident Indian (NRI) settled in Pittsburg, US has been restrained by the Calcutta high court from taking custody of his 17-month-old child born through artificial insemination.
Debashish Mukherjee, the NRI, and his wife Adrija are locked in a divorce battle in a Pennsylvania court in the US. The husband had filed several proceedings in the US court, one of which was seeking custody of the child.
On Tuesday, Justice Indira Banerjee of Calcutta high court refused to grant the custody of the child to Debashish and handed him over to Adrija on a petition by her.
"In custody disputes arising out of matrimonial issues, the interest of the child is of paramount importance. This order restrains the husband, Debashish Mukherjee, from taking away the child from the lawful custody of the mother," Justice Banerjee observed.
Debashish had married Adrija on January 15, 2001, and the couple left for the US a month later. It was from then that Debashish started torturing her physically and mentally, Adrija alleged in her petition before the court. She claimed that Debashish even refused to cohabit with her.
She said when she expressed her desire to have a baby, Debashish refused but finally agreed to donate his sperm.
Following artificial insemination, Adrija gave birth to a boy in January 2006. But her husband refused to bear the expenses of the child and did not turn up at his annaprashan (rice eating ceremony of the child) in Kolkata, she said.
When she went back to the US, the torture started again, Adrija alleged.
Adrija was forced to obtain a protection order from a Pennsylvania court and return to India on May 22, 2007.
Once in Kolkata, she tried to get in touch with her in-laws but they allegedly assaulted her and her parents when she went to their home. Finally, she lodged a complaint at the local police station and moved the high court.
After hearing both the parties, the court observed that a case moved in the US was of little relevance as the marriage was solemnised in India under the Hindu Special Marriage Act and restrained Debashish or his family from taking custody of the child till further orders.