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Jayita Shaw vs Partha Shaw on 21 September, 2017




C.O. No. 3185 of 2017

Jayita Shaw
Partha Shaw

Ms. Malabika Roy Dey
… for the petitioner

This revisional application is directed against the order dated September 11, 2017 passed by

the learned Additional District Judge, 1st Court, Chinsurah in Act VIII Case No. 44 of 2013.

By the impugned order, the learned Court below has directed the present petitioner, the

respondent in the application filed under Section 25 of the Guardians and Wards Act, 1890 to hand

over the minor children to the custody of the opposite party husband in the forenoon of September

27, 2017 so that the latter may enjoy the company of the minor children on September 27, 2017 and

September 28, 2017.

Ms. Malabika Roy Dey, learned counsel appearing for the revisional petitioner pointed out

that by an earlier order dated July 20, 2016 the learned Court below itself, after considering the

unwillingness expressed by the minor children to be in the company of the opposite party, rejected

the prayer of the opposite party to have custody of the minor children during the Durga Puja days.

According to Ms. Roy Dey, in view of the said order dated July 20, 2016, the impugned order

passed by the learned Court below is vitiated by failure of exercise of judicial discretion.

Having considered the order dated July 20, 2016 passed by the learned Court below, a copy

whereof has been disclosed in this application, I find that the petitioner has made out a prima facie

case for interim protection and the balance of convenience absolutely lies in favour of the petitioner

for obtaining an ad interim order.

Accordingly, there shall be an interim order directing stay of operation of the order dated

September 11, 2016 passed by the learned Additional District Judge, 1st Court, Hooghly in Act VIII

Case No. 44 of 2013 (Partha Shaw vs. Jayita Shaw), till the disposal of this application.

The petitioner shall serve a copy of this application together with a copy of this order on the

opposite party by speed post with acknowledgement due card.

Let, this application appear under the same heading on October 24, 2017. The petitioner

shall file an affidavit of service on the next date of hearing.

Let, a plain copy of this order duly countersigned by Assistant Registrar (Court) be given to

the learned counsel for the petitioner upon usual undertaking.

(Ashis Kumar Chakraborty, J.)

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