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Smt. Mita Moitra vs Mr. Saugata Sen on 24 June, 2019

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13,SL,Ct.21.
24.06.2019

AJ.

C.O. 3464 of 2018

Smt. Mita Moitra

-Vs-

Mr. Saugata Sen

Mr. Chinmay Pal,
Mr. Kamal Krishna Saha.

… for the petitioner.

Mr. Chandradoy Sarkar.

….for the opposite party.

Mr. Rwintendra Banerjee.

….Special Officer.

The reconciliation between the parties failed. In view of such position of

the matter Mr. Rwitendra Banerjee, learned advocate appointed as Special

Officer in this matter to resolve the dispute between the parties is discharged.

The marriage between the parties to the present revisional application

has already been dissolved by a decree of divorce on mutual consent. The

parties have a minor daughter who is now in the custody of the

mother/petitioner. The father/opposite party has initiated a proceeding under

the provisions of the Guardians and SectionWards Act, 1890. The said proceeding has

been registered as Act-VIII. Case No. 72 of 2016 before the learned Additional

District Judge, 7th Court, Alipore.

The matter was referred by the learned Trial Judge to the Mediator for

settlement of the dispute between the parties. The mother/petitioner before the
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Mediator agreed to produce the child in Court on every first and third Saturday

for the purpose of access of the father/opposite party.

However, the mother/petitioner in the suit filed an application praying

that no order be passed on the basis of the agreement arrived between the

parties before the Mediator on the ground that the circumstances have been

changed after the said agreement.

The learned Trial Judge by the Order No. 22 dated July 30, 2018 on the

basis of the said agreement arrived by and between the parties before the

Mediator directed the mother/petitioner to produce the child for visitation of

the father/opposite party on every first and third week in the Court between 3

P.M. to 5 P.M.

The mother/petitioner has challenged the said order in the present

revisional application under SectionArticle 227 of the Constitution of India on the

ground that the learned Trial Judge without considering her said application,

on the basis of the said agreement between the parties has passed the

direction to produce the child in Court.

The grievance of the mother/petitioner is justified. The learned Trial

Judge should not have directed the mother/petitioner to produce the child for

implementation of the agreement between the parties before the Mediator

keeping the application of the mother/petitioner for not to pass any order on

the basis of the said agreement pending. Therefore, the Order No. 22 dated

July 30, 2018 is set aside.

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The learned Trial Judge, by the subsequent Order No. 23 dated August

04, 2018, directed the mother/petitioner to show cause as to why the suit

shall not be heard ex parte for non-compliance of the Order No. 22 dated July

30, 2018.

The Order No. 22 dated July 30, 2018 since has been set aside,

consequently the Order No. 23 dated August 04, 2018 is also set aside.

The learned Trial Judge is directed to decide the application filed by the

mother/petitioner for not to pass any order in terms of the agreement arrived

at by the parties before the Mediator expeditiously preferably within a period of

three week from the date of communication of this order.

With the above observation, the revisional application being C.O. 3464

of 2018 is disposed of.

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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