Calcutta High Court
C.O. No. 1121 of 2020 With CAN 3209 of 2020 (via video conference)
Mr. Rohit Banerjee,
Mr. Kumardeep Majumder…For the petitioner.
The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference. The instant revisional application under Article 227 of the Constitution of India has been filed against the order dated 28th May, 2020 passed by the District Judge (In-charge), South 24 Parganas, Alipore in Matrimonial Suit No.2437 of 2019 (Mridula Barman – Vs. – Nucleus Paul). The order has been passed in an application made by the petitioner for visitation rights to the child, who is a two year old daughter.
The instant revisional application has admittedly been served on the opposite party-wife and her Advocate, who was contacted over telephone, by the Registry of this Court.
Counsel for opposite party stated that matter may go on and he will attend the hearing on the next date.
This Court is, therefore, satisfied that the opposite party-wife has been duly served. This Court is of the view that the father has a right to visit his child.
Although there is no order of maintenance passed against the husband/petitioner, it is submitted that the husband is paying Rs.3,000/- (Rupees three thousand only) per month towards the maintenance of the child and the mother.
In those circumstances, this Court is of the clear view that father is entitled to visit and/or communicate with the child on a regular basis.
The petitioner, Nucleus Paul, shall be entitled to visit the child two days in a week and also communicate with the child by video calling frequently at a mutually convenient time and the mother of the child being the opposite party shall ensure co-operation in this regard.
The father may pay any other additional costs towards the welfare of the child including food, medicine and nursing schooling as may be required.
The Registry of this Court and the petitioner shall serve notice of this order on the opposite party-wife by physical and electronic means.
Let the hearing of this matter stand adjourned and be listed twelve weeks hence before the Regular Bench when the petitioner shall file appropriate affidavit-of-service.
All parties are directed to act on a server copy of this order on usual undertakings.
(Rajasekhar Mantha, J.)