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Child Visitation u/s, 26 of the Hindu Marriage Act does not end by Withdrawl of main case

Calcutta High Court
(Appellete Side)

FMAT No.1489 of 2013
CAN 12228 of 2013

Dr. Adrita Chatterjee
Dr. Siddhartha Chatterjee

Mr. Kishore Dutta,
Mr. Swapan Banerjee,
Mr. Debojyoti Basu…. For the Appellant.

Mr. Dipak Kumar Sengupta,
Mr. D. N. Chatterjee…. For the Respondent.

This appeal is against an order dated 7th December, 2013 passed by the Court of Additional District and Sessions Judge, Fast Track Court, Durgapur, whereby the petition of the respondent husband under Section 26 of the Hindu Marriage Act has been disposed of by directing that the minor daughter of the appellant wife and the respondent husband would be picked up by the respondent husband from the custody of the appellant wife every Sunday at about 07-00 A.M. and would be returned to the custody of the appellant wife by 06-00 P.M. on the same day and while the minor child was with the respondent father (petitioner in the Court below), he would have to take good care of the child and give special attention to her.

This is an unfortunate case where the parents, being the appellant and the respondent, are fighting litigation against each other and for that, the worst sufferer is the child. In matters pertaining to custody as also access to a child, it is the interest of the child, which is of paramount importance and not the rights of the warring parents.

In the instant case, the Court below has taken the pain of ascertaining the wishes of the child. The child expressed her wish to spend some time with her father. It is only natural for a child to want to be with both the parents. The parents may be fighting, but the child needs them both.

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The order under appeal is, in our view, a fair order which does not call for interference in appeal. There is no such infirmity in the order that calls for interference.

The appeal and the application are dismissed.

Urgent certified photostat copies of this order, if applied for, be supplied to the parties subject to compliance of all requisite formalities.

( Indira Banerjee, J. ) ( Subrata Talukdar, J. )

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