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Abhishek Chakraborty vs Sri Ranjit Das on 26 June, 2018


S/l. 26.06.



In the High Court at Calcutta
Civil Revisional Jurisdiction
Appellate Side

C.O. No.687 of 2018

Abhishek Chakraborty
Sri Ranjit Das

Mr. Hiranmay Bhattacharyya,
Mr. Suman Dey.

…for the petitioner.

Mr. Bikash Ranjan Bhattacharya,
Mrs. Santi Das,
Mr. Amar Mitra.

…for the opposite party.

The grievance of the petitioner/father is that,

by the impugned order dated February 26, 2018, both

interim custody and visitation of the petitioner’s minor

children, namely, Ayushi Chakraborty and Adrija

Chakraborty has been refused to the petitioner. The

dispute is between the father and maternal grand-father

of the children. The latter instituted a proceeding

under Section 7 of the Guardians and Wards Act,

seeking custody of the two minor children. In such

proceeding, the father, that is the petitioner herein, took

out an application for interim custody, which was

refused by the impugned order.

After hearing both sides, it is evident that

there is no dearth of affection and care on both sides for

the minor children, despite whatever acrimony there

may be between the parties. However, the trial court

might have been justified in considering the present

daily routine of the children while not granting custody

outright to the father. However, since the residences of

both parties are in very close proximity, an ad hoc

arrangement of custody/visitation ought to have been

considered by the trial court. Since the main

proceeding is already at the peremptory hearing stage,

no useful purpose will be served in keeping the same

pending for an inordinate period.

Accordingly, upon hearing both sides, C.O.

No.687 of 2018 is disposed of by permitting the

petitioner to take the said minor children, namely,

Ayushi Chakraborty and Adrija Chakraborty every

alternative weekend from the residence of the opposite

party and to return the children to the opposite party by

the end of such weekend. The petitioner will, starting

from the coming Friday and thereafter every alternative

Friday, take the children at 8.00 P.M. from the house of

the opposite party and return the children to the

opposite party at 8.00 P.M. on the following Sunday. It

is made clear that the petitioner will not take the

children out of the vicinity of Kolkata during each such

occasion. This apart, the petitioner will have the right,

subject to the convenience of the opposite party and the

children, to visit the children at all times upon prior

intimation to the opposite party. It is also made clear

that this will only be an ad hoc arrangement without

prejudice to the rights and contentions of either party in

the main proceeding. The Additional District Judge,

Third Court at Barrackpore, District- North 24

Parganas, is directed to dispose of Miscellaneous Case

No.276 of 2016, pending in the said court between the

parties, as expeditiously as possible without granting

any unnecessary adjournment to either side, positively

by September 30, 2018.

There will be no order as to costs.

(Sabyasachi Bhattacharyya, J. )

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