June 15, 2018.
C. O. No. 3618 of 2017
Sri Falguni Singha Roy
Sri Dasarath Singha Roy and another
Mr. Subrata Roy Karmakar
…for the petitioner.
Mr. Rwitendra Banerjee,
Mr. Prasenjit Debnath,
Mr. Shibasis Chatterjee
…for the opposite party.
The father of a minor child, namely, Trishanjeet Singha Roy, has filed the present
revisional application challenging an order dated August 25, 2017, passed in a proceeding
under the Guardians and Wards Act, initiated by the petitioner for custody of the said
By a previous order dated August 29, 2016, the trial court directed the minor child
to be produced by the opposite parties, who are the maternal grandparents of the child,
on every working Saturday at 1 P.M. in court, where the petitioner could meet his son
from 1 P.M. to 4 P.M.
Subsequently, alleging non-compliance of such order by the opposite parties, the
petitioner took out several applications to that effect. While taking up such applications,
the District Judge, Hooghly, vide Order No. 25 dated August 25, 2017, modified the
previous visitation order and directed that the petitioner should visit his minor son at the
house of the opposite parties on alternative Sundays from 5 P.M. to 6 P.M.
It is submitted on behalf of the petitioner that such modification of the earlier
visitation order was beyond the jurisdiction of the court, since only applications
complaining of non-compliance of the said earlier order were being taken up by the court.
While hearing the said matter, due to the extremely fair gesture of the learned
advocate for both sides, an agreed venue could be arrived at, since the house of the
opposite parties could be somewhat inappropriate at the present stage due to acrimony
between the parties. Visitation of a minor child in court, in any event, ought to be
deprecated keeping in mind the plight of the child in such an atmosphere.
However, due to the endeavour of learned counsel for both sides and due to a fair
approach of both parties, a venue has been agreed at for visitation of the child.
Accordingly, C. O. No. 3618 of 2017 is disposed of by modifying the impugned
order to the effect that the petitioner shall visit his minor son at the agreed venue, that is,
Strand Road, Chandannagar, Hooghly (opposite St. Joseph Convent School), on
alternative Sundays from 5 P.M. to 6 P.M., beginning from the coming Sunday, that is,
June 17, 2018.
It is made clear that such an arrangement is being made for the present and will
continue during pendency of the Act VIII Case, however, subject to further order(s) which
may in future be passed in the court below on the prayer of the parties. It is also made
clear that the merits of the matter have not been gone into and all findings made in the
present order and in the impugned order are tentative for the purpose of such visitation
and will not affect the court below at the time of trial of the Act VIII case.
There will, however, be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the
parties upon compliance with the requisite formalities.
(Sabyasachi Bhattacharyya, J.)