Saurov Kumar Mandal vs Court No. 5 Smt. Madhura Das on 25 September, 2017

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Vacation C. O. 3293 of 2017
Bench

(SB-I)
Saurov Kumar Mandal
Vs.
Court No. 5 Smt. Madhura Das

25.09.2017

(Sl. No. 3)
(S. Banerjee)

Mr. Rabindra Narayan Dutta, Ld. Advocate
Mr. Arun Kumar Ghosh, Ld. Advocate
Mr. Hare Krishna Haldar, Ld. Advocate
… for the petitioner

Mr. Dutta, the learned advocate for the peteitioner
has a jumbled up case. Even after hearing him for a pretty
longtime I could not make out what exactly his prayer is.

By two applications dated August 31, 2017 and
September 5, 2017 respectively the petitioner had prayed
for handing over of custody of his minor child in favour of
the petitioner. The petitioner submits that this prayer he
has been making in terms of the order passed by the
learned court below. According to him there has been a
settlement by and between the parties and the learned
Additional District and Sessions Judge 4th Court, Barasat
by an order dated May 16, 2017 had disposed of the
concerned case under Section 25 of the Guardians and
Wards Act in terms of the joint compromise application
filed by the parties. The learned judge had relied on clause
(L) of the compromise petition and had held that the
petitioner would be allowed to give gifts including clothings
to the minor son who is now in the custody of the opposite
party.

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It appears that the clause (f) of the compromise
petition had not been taken into consideration by the
learned judge while disposing of the said two applications.
Since the opposite party is not appearing in this case and
since it is not desirable to make a final order in matters as
sensitive as custody of minor children without the presence
of the opposite party I for the time being give liberty to the
petitioner to have a right of visitation to the minor son
Priyam during the Puja days upon prior notice to the
opposite party. The petitioner informs the court that
articles and gifts have already been purchased for the son
but he can not go and visit the house of his ex-in-laws.

I direct the IC, Haridevpur Police Station to give
necessary police assistance to the petitioner at the time of
the visit to the minor son at the residence of the opposite
party. The petitioner is directed to intimate the date or
dates and time of the proposed visit to the opposite party
as well as to the police authorities.

Since the petitioner submits that in the month of
November, 2017 the date has been fixed for the final
disposal of the case in the court below and since he wants
the petition to be disposed of by this court, the revisional
application is disposed of as prayed for.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if
applied for, be supplied to the parties upon compliance of
requisite formalities.

(Dr. Sambuddha Chakrabarti, J.)

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