Tupur Chatterjee v. Diptatanu Banerjee

28.02.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURICTION APPELLATE SIDE CO 151 of 2023 Tupur Chatterjee Vs.

Diptatanu Banerjee Mr. Prantick Ghosh Mr. Prasad Bhattacharyya ... For the petitioner Mr. Jagabandhu Roy Mr. Himadri Kumar Mahata Ms. Manasi Roy ... For the opposite party This is a case wherein the order dated 7th December, 2022 passed by the learned Additional District Judge, Fast Track Court No.3, Barrackpore in connection with Miscellaneous Case No.49 of 2022 (Act VIII) whereby the learned Judge allowed the opposite party/father to visit her minor child on fourth Saturday of each month, for four hours on each occasion.

The petitioner/wife has come before this Court with a prayer for modification of the order with regard to day and place of visitation.

Mr. Prantick Ghosh, learned advocate, appearing on behalf of the petitioner/wife has submitted that the age of the minor daughter is eight years and she remained engaged in tuition throughout the week, except Sunday. That apart, Mr. Ghosh has submitted that from the

protection point of view, place of visitation should be fixed in the house of the petitioner/wife.

Mr. Jagabandhu Roy, learned advocate, on behalf of the opposite party/husband has submitted that the day of visitation may be Sunday but necessary order should be passed for protection of the opposite party/husband at the time of visitation if it is in the house of the petitioner/wife. Considering all facts and circumstances, specially keeping an eye to the age of the minor girl, it is necessary to modify the order in the following extent:- "Visitation right of the opposite party/father shall be once in each month, preferably on Sunday and the petitioner/mother shall allow her child (Malova Banerjee) to visit the opposite party/father for four hours on each occasion, in her house. The opposite party/father shall visit her child in the house of the petitioner/mother subject to necessary protection provided by the Officer-inCharge of the Dum Dum Police Station, in case situation demands."

Let a copy of this order be communicated to the Officer-in-Charge, Dum Dum Police Station, forthwith. With the above observation, the revisional application, being CO 151 of 2023, stands disposed of. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this

Court without insisting upon production of a certified copy thereof.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Bibhas Ranjan De, J.)