C.O. 930 of 2017
Ms. Manju Agarwal,
Mr. Bajrang Manot.
… for the petitioner.
Mr. Probal Kumar Mukherjee,
Ld. Senior advocate,
Ms. Trisha Mukherjee,
Ms. Subika Paul.
…..for the opposite party.
The revisional application is at the instance of the mother of the minor
child, namely, Arhant Meharia, now aged about 11 years and is directed
against an order whereby the learned Trial Judge has directed the production
of the said minor in the Court.
The present revisional application since is arising out of a proceeding
under the Guardians and SectionWards Act, 1890 for the guardianship and custody
of the said minor, the Court may require interaction with the child to consider
the intelligence preference of the child in deciding the dispute between the
parties, particularly when the child is aged about 11 years.
Therefore, necessity of the production of the child in Court below at
this stage cannot be ruled out.
That apart Ms. Agarwal, learned advocate appearing on behalf of the
mother/petitioner also submits that her client will produce the child in the
Court below as and when required subject to convenience of the mother of
That being the position the order impugned does not call for any
It is necessary to record that pursuant to the orders passed by this
Court in the present matter the father has given access to the child.
The revisional application, under the aforesaid circumstances is
disposed of requesting the learned Trial Judge to expedite the hearing of the
Act VIII case no. 160 of 2016.
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.)