Subhajit Ganguly v. Arpita Ganguly

22.11.2024 Sl No.1 Court No.12 (gc) WPCRC 33 of 2024 In WPA (H) 81 of 2023 CAN 1 of 2024 Subhajit Ganguly Vs.

Arpita Ganguly Mr. Sabir Ahmed, Mr. Tasnim Ahmed, Mr. Dhiman Banerjee ...for the Petitioner.

Mr. Partha Sarathi Das, Ms. Shanta Sarkar ...for the Alleged Contemnor.

Ms. Ipsita Banerjee, Mr. Suddhadev Adak ....for the State.

1. The petitioner has filed the contempt application for violation of the order dated 18th December, 2023.

2. It is submitted on behalf of the alleged contemnor that due to miscommunication the child could not be produced. However, it appears that in the contempt proceeding, we passed an order on 16th May, 2024 in which we have given a schedule which the parties were directed to follow for the limited custody of the child during the summer vacation, the child was produced. We have been informed that the parties participated in the mediation. However, it has failed.

3. We accept the explanation for not being produced the child initially. However, having regard to the compliance of the order dated 16th May, 2024, we are not inclined any further to proceed with the contempt application.

4. Accordingly, the contempt application and the application being CAN 1 of 2024 are disposed of.

5. The Rule stands discharged.

6. However, there shall be no order as to costs.

7. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Soumen Sen, J.) (Uday Kumar, J.)