In the High Court at Calcutta
Civil Revisional Jurisdiction
C.O. No.687 of 2018
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. )