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Judgments of Supreme Court of India and High Courts

Sri Amit Poddar vs Smt. Ritu Poddar on 14 January, 2019

1

S/l.

36.
Bpg.

14.01.

2019

In the High Court at Calcutta
Civil Revisional Jurisdiction

C.O. No.128 of 2019

Sri Amit Poddar
Versus
Smt. Ritu Poddar

Mr. Koushik Dey,
Mr. S. Das.

…for the petitioner.

It is submitted on behalf of the petitioner/father that

initially the petitioner had filed the proceeding under the Guardians

and Wards Act, 1890 before a wrong forum and there was direction

by this Court for expeditious hearing of an interlocutory application

filed in connection therewith. Subsequently, the petition was

returned to the petitioner by the trial court on the ground that the

court did not have the jurisdiction to take up the matter.

Thereafter, the proceeding has been presented before the

appropriate forum and another application was filed for the same

relief, that is, under Section 12 of the Guardians and Wards Act,

1890 before the second forum.

2

The said application, as such, though filed only in 2018,

the prayer made by the petitioner therein, for visitation of his child,

has been pending for a considerably long period.

In such view of the matter and keeping in view the urgency

involved implicitly in such matters, no prior service of notice on the

opposite party is deemed necessary.

C.O. No.128 of 2019 is disposed of by requesting the

Additional District Judge, Fifteenth Court at Alipore, District- South

24 Parganas to take up for hearing the interlocutory application for

visitation filed by the petitioner in connection with Act VIII Case

No.113 of 2018 pending in the said court, as expeditiously as

possible, upon hearing both sides but without granting any

unnecessary adjournments to either side, preferably within February

28, 2019.

The petitioner will communicate this order to the court

below as well as to the opposite party and/or the learned advocate

appearing for the opposite party in the court below, at the earliest.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for,

be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J. )

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