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Sukant Bhattacharya vs Ishita Bhattacharya … on 9 April, 2018




First Appeal No.771/2016
(Sukant Bhattacharya vs Ishita Bhattacharya (Chakraborty))

Jabalpur, Dated 09-04-2018
Appellant Sukant Bhattacharya, present in person.

Heard on I.A. No.2501/2018.

The appellant has sought direction that the child Sumedha

aged 11 years should be directed to be brought to Jabalpur during

upcoming summer vacation on the same terms and conditions as

issued by this Court on 24.03.2017, 15.05.2017 and 22.09.2017.

In fact, thereafter, a Division Bench of this Court has passed a

detailed order on 20.12.2017, wherein it has been noticed that

initially, the parties agreed to dissolve their marriage by mutual

consent, but the wife did not appear before the trial Court at the

stage of second motion. Consequently, the marriage has not been

dissolved. Therefore, the condition of settlement as contained in the

petition for dissolution of marriage by mutual consent cannot be

enforced. The Court was considering the application filed by the

appellant to take custody of the child during winter vacation. The

Court declined to such request in view of the reason that due to

change of custody of child without knowing her wishes would


affect her emotionally. It was also noticed that the appellant filed a

petition under the Guardians and Wards Act, 1890 which was

transferred to Kolkata but the same was not prosecuted by the

appellant therein and the proceedings have been dismissed.

Therefore, the Court declined the request of the appellant for

handing over the custody of the child during winter vacation.

However, the Court granted visiting rights, as granted by this Court

vide order dated 11.11.2016, whereby the appellant can meet the

child on the last Sunday of every month for a period of two hours.

In view of the said order, we do not find that any further

direction is warranted. The appellant can seek visitation rights in

terms of the order dated 11.11.2016 in the summer vacations.

This order is subject to the review petition said to be pending

before this Court seeking to review the order dated 20.12.2017.

The I.A. is disposed of accordingly.

(Hemant Gupta) (Vijay Kumar Shukla)
Chief Justice Judge
Digitally signed by VINOD VISHWAKARMA
Date: 2018.04.10 11:34:22 +05’30’

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