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Kalyan Sarma vs Poonam Mahanta Sarma on 11 March, 2019

Page No.# 1/3

GAHC010051332019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C) 1599/2019

1:KALYAN SARMA
S/O RUPJYOTI SARMA
R/O BELTOLA, BISHNU RABHA PATH, KRISHNA ARJUN PATH, H/NO. 18
UNDER DISPUR POLICE STATION, IN THE DISTRICT OF KAMRUP (M),
GUWAHATI- 781028, ASSAM

VERSUS

1:POONAM MAHANTA SARMA
W/O SRI KALYAN KR SARMA
D/O S.N. MAHANTA, R/O SONAPUR, NEAR SBI,
P.S. SONAPUR, DIST. KAMRUP (M), ASSAM.

2:THE PRINCIPAL
P. K.E.M. ENGLISH BOARDING SCHOOL
DHALIGAON NEAR DHALIGAON LAXMI MANDIR
IN THE DIST. OF BONGAIGAON ASSAM

Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent :

BEFORE
HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI

ORDER

Date : 11-03-2019

Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. M.K. Das,
learned counsel for the petitioner.

The petitioner and the respondent No.1 were married on 23.10.2008 and out of the
wedlock, a male child was born on 02.03.2011.

The respondent No.1 filed an application under Section 7 of the Guardians and
Wards Act, 1890 before the Principal Judge, Family Court, Kamrup (M) at Guwahati, which is
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registered as F.C. (G) Case No.101/2018. Today, a copy of the said application is made
available by Mr. Das during the course of the argument. Details as narrated in the application
are not necessary to be recited in this order. Suffice is to say that the respondent No.1
stated therein that she had to leave the matrimonial home on 12.01.2018 as she and the
son had been subjected to cruelty and presently she is staying along with the child with her
parents at Sonapur.

A petition being Petition No.286/2019 was filed by the present petitioner praying
for visitation rights of the minor child, who had since been admitted to P.K. English Medium
School, Bongaigaon and is staying in the hostel. Another petition being Petition No.539/2019
was filed praying for allowing him to meet his son on 02.03.2019 to celebrate his birthday.
Both these applications were allowed by an order passed on 25.02.2019 and the case was
fixed on 26.03.2019 for issues and documents.

It appears that the petitioner filed an application before the learned Family Court
on 06.03.2019 seeking custody of the child for attending to the medical needs of the child. A
copy of the said application is also handed over by Mr. Das for the perusal of the Court. It is
pleaded, amongst others, that the child had to be hospitalised on 2(two) different occasions
without any guardian and that the school authorities had informed him that the child is
suffering from acute depression and that he needs medical attention immediately. On the
basis thereof, prayer was made for immediate custody of the child for treatment. Averment
is also made that the examination of the child will get over on 14.03.2019. The copy of the
order passed in the said application was not annexed with the writ petition as the certified
copy was not available when the writ petition came to be filed. Today, during the course of
hearing, copy of the order has been produced before this Court.

A perusal of the order passed on 06.03.2019 goes to show that the learned Family
Court had posted the case on 26.03.2019 and a report was called for from the Principal of
P.K. English Medium School, Bongaigaon regarding the present medical condition of the child
and the petitioner was directed to take requisite steps.

Mr. Choudhury submits that bearing in mind the health condition of the son of the
petitioner, it is a fit case where pending consideration of the issue relating to grant of
custody, direction ought to be granted for interim custody of the child in his favour and to
allow the petitioner to arrange for his medical treatment. He further submits that the
petitioner was not aware that his child was lodged in the hostel and he came to learn about
the same only when the order dated 26.02.2019 came to be passed.

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I have considered the submissions of the learned senior counsel for the petitioner
in the light of the materials on record as also the documents submitted by Mr. Das during
the course of today’s proceeding.

The learned Family Court has fixed the matter for consideration on 26.03.2019 and
had also called for a report from the Principal of P.K. English Medium School, Bongaigaon.
The school authorities, as per the stand taken by the petitioner, had admitted the son of the
petitioner to hospital on two occasions. In such circumstances when the matter is going to
be considered on 26.03.2019, I am not inclined to interfere with the impugned order dated
06.03.2019 passed by the learned Family Court, Kamrup (M) at Guwahati as also to pass any
direction for giving the petitioner the interim custody of the child. However, it is provided
that in case any medical issue arises, the Principal of P.K. English Medium School,
Bongaigaon will take requisite steps and in that eventuality, he shall immediately inform the
learned Family Court about the steps taken by filing an appropriate affidavit before the
learned Family Court and shall also inform about the same to the petitioner and the
respondent No.1.

The writ petition stands disposed of. No cost.

Sd/-

JUDGE

M. Sharma

Comparing Assistant

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