Saikat Sarkar v. Dipali Sarkar

08.03.2021 Court No. 19 Item No.81 CP C.O. 42 of 2021 Saikat Sarkar vs.

Dipali Sarkar Mr. Jayanta Narayan Chatterjee Mrs. Paramita Mukherjee Mr. Debashis Banerjee Ms. Jayashree Patra ...for the petitioner.

Mr. Amitabha Ghosh Mr. Sk. Sujauddin .....for the respondent.

This revisional application has been filed challenging an order dated March 16, 2020, passed by the learned Additional District Judge, Fast Track, 5th Court at Barasat in Misc. Case No. 241 of 2019. The petitioner is aggrieved because the learned court below directed the child to be produced for visitation of the father in the Barasat court premises on every first and third Saturdays from 3 pm to 4 pm.

According to the learned advocate for the petitioner/father, the court premises was not a congenial place for interaction with the child especially when the child is only six years old. Thus, the father prays for an alternative and suitable venue so that the father may be able to interact with the child in a more easy, comfortable and relaxing atmosphere.

I am in agreement with the contention of the learned advocate for the petitioner/father that the child should not be dragged into the court premises to interact with the father. Court premises are very crowded and there is also no sitting arrangement for the parties to engage with each other effectively. It would not be a place where the father would be able to spend any quality time with the child.

Under such circumstances, the venue for such visit is modified to Diamond Plaza Mall situated at 68, Jessore Road, Kolkata. On every first and third Saturday between 3 pm to 5 pm, the father shall meet the child at the play zone/play area situated in the mall. The mother shall be accompanying the child during such visitations. If the mother feels insecure she is at liberty to take any senior member of the family and/or her learned advocate on record during such visitations. Such visitation shall begin from March 20, 2021.

Parties are expected to be civil with each other and not to hurl abuses so that the interaction between the father and the child is peaceful and enjoyable for the child.

The revisional application is disposed of. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as

possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)