C.O. No. 3185 of 2017
CAN 6527 of 2019
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
permitted to meet his children at least once during this ‘Puja
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
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.
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
Mr. Ranajit Roy learned advocate shall accompany the
father/opposite party when he will be going to the residence of the
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
(Biswajit Basu, J.)