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Jayita Shaw vs Partha Shaw on 30 September, 2019

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21
sandip

Ct. 14
30.09.19

C.O. No. 3185 of 2017
+
CAN 6527 of 2019

Jayita Shaw
Vs.

Partha Shaw

Mrs. Malabika Roy Dey … … For the petitioner.

Mr. Ranajit Roy … …For the opposite party.

The revisional application is directed against an order passed

in a proceeding under the Guardian and SectionWards Act, 1890 whereby

the learned trial Judge directed the mother/petitioner to hand over

the custody of the two children of the parties to the

father/opposite party in the forenoon of September 27, 2017 so

that children may enjoy the company of their father on September

27, 2017 and September 28, 2017 and the father/opposite party

was directed to hand over the custody of the children to the

mother/petitioner in the forenoon of September 29, 2017.

The said direction although has become infructuous but Mr.

Roy learned advocate for the father prays that his client may be
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permitted to meet his children at least once during this ‘Puja

Vacation’.

The mother/petitioner who is present in Court has not

seriously objected to the said prayer of the father/opposite party.

The children of the parties are present in the Court today and

they are interacted by the Court.

The children are intelligent enough to make their choice. The

daughter of the parties although interested to meet the father but

expressed her difficulty in spending a whole day away from home

now as she is appearing in her XIIth class final examination this

year.

The son of the parties namely, Jeetomanyu Shaw, aged about

12 years also expressed his willingness to have the company of his

father but desires to be accompanied by the mother.

This Court after taking into consideration of the wishes of the

children allows the father to take the mother and the son from

their residence in the morning of October 11, 2019 to have access

to his son for whole of the day on the said date.

The father/opposite party shall make comfortable stay of the

mother in his house during the said period of access of the father

and the son.

It is however, made clear that the mother shall not cause any

obstruction to the said access.

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The father/opposite party on or before the sun set of October

11, 2019 shall ensure return of the mother and the son in their

residence.

Mr. Ranajit Roy learned advocate shall accompany the

father/opposite party when he will be going to the residence of the

mother/petitioner.

Mrs. Malabika Roy Dey, learned advocate for the

mother/petitioner and Mr. Ranajit Roy learned advocate for the

father/opposite party shall monitor the entire process of access of

the father to his son to avoid happening of any untoward incident

during such access.

The connected Act VIII Case No. 44 of 2013 since is pending

for a pretty long time, the learned trial Judge is requested to

expedite the hearing of the same.

With the above, C.O. No. 3185 of 2017 is disposed of.

No order as to costs.

In view of the disposal of the revisional application, no further

order need be passed on the connected application being CAN

6527 of 2019 and the same is disposed of accordingly.

Urgent Photostat certified copy of this order, if applied for, be

supplied to the parties subject to compliance with all requisite

formalities.

(Biswajit Basu, J.)
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