In the High Court at Calcutta
Civil Revisional Jurisdiction
C.O. No.128 of 2019
Sri Amit Poddar
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.
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
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. )