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Rishi Agarwal vs Dipika Agarwal (Nee Khaitan) on 12 December, 2019


C.O. 4040 of 2019

Rishi Agarwal

Dipika Agarwal (nee Khaitan)

Mr. Aniruddha Chatterjee,
Mr. Ayan Kumar Boral
…for the petitioner.

Mr. Saktinath Mukherjee, Sr. Adv.,
Mr. Jaydip Kar, Sr. Adv.,
Mr. Mainak Bose,
Mr. Siddhartha Banerjee
….for the
opposite party.

The petitioner is aggrieved by an order dated November 25, 2019
passed in Act VIII, Case No.17 of 2019 by the learned Additional District Judge,
10th Court at Alipore.

By impugned order, the learned Court below has fixed March 6, 2020, as
the date fixed for hearing an application filed by the mother-opposite party
under Order XIV Rule 2 of the Code of Civil Procedure read with Section 9 of the
Guardians and SectionWards Act, 1890.

It is submitted by the learned advocate for the petitioner that fixing
the date in March, 2020, is only delaying the proceedings with regard to
disposal of the application by the father with a prayer for bringing the child
back to Kolkata and enrolling her in La Martiniere for Girls as also the
application under Section 25 of the Guardians and SectionWards Act. The petitioner
submits that on account of such pendency, the petitioner is not being able to
visit his child as during the subsistence of an ad interim order of injunction,
the daughter was taken away from Kolkata and enrolled in a school at Mollarpur,
District – Birbhum.

Mr. Mukherjee, learned senior advocate appearing on behalf of the
opposite party, submits that under compelling circumstances, the said child was
enrolled in a school at Mollarpur prior to the order of injunction. Pursuant to
the relief granted by the Hon’ble Apex Court, the application dated November 11,
2019, has been filed in the Court below for a decision on the jurisdiction of
the learned Court as a preliminary issue.

Having heard the learned advocates for the parties, in my opinion,
justice will be sub-served if the application of the mother under Order XIV Rule
2 of the Code of Civil Procedure is heard on an earlier date available before
the learned Additional District Judge, 10th Court at Alipore within the second
week of January, 2020. The learned court will fix a date accordingly. If it is
found that the Court below has jurisdiction to entertain the Act VIII
proceeding, then the pending applications filed by the petitioner will be
disposed of within two months thereafter.

The revisional application is disposed of.
There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to
the parties on usual undertaking.

Sarkar, J.)

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