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Judgments of Supreme Court of India and High Courts

Shruti Jain vs Amit Meharia on 16 August, 2019



C.O. 930 of 2017

Shruti Jain


Amit Meharia

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

the child.

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.)

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