Sharmistha Ray Chaudhury v. Suprio Ray Chaudhury

AG M/R 11.05.

C.O. 1058 of 2022 KB Ct Smt. Sharmistha Ray Chaudhury Nee Biswas @ Sarmistha Biswas Vs Dr. Suprio Ray Chwudhury Mr. Partha Sarkar, ... For the petitioner.

Mr. Susenjit Banik, Ms. Sutapa Mukhopadhyay, Mr. Suvranil Chakraborty, ... For the opposite party. The subject matter of challenge in this revisional application is against the order dated 4th March, 2022 granting visitation right to opposite party/father on each Sunday afternoon, preferably between 3 pm to 5 pm at Victoria Memorial Hall ground, where the mother/petitioner will produce the six year old boy child, so as to ensure visitation right of the opposite party/father.

Learned advocate appearing for the petitioner disputes with the selection of venue, together with the time schedule, restricted by the Court below in the impugned order to ensure visitation right, even during the summer season.

Admittedly, a six year old boy is now lying in the custody of the mother. The visitation right was admittedly extended on the prayer of the opposite party/father.

Per contra, learned advocate for the opposite

party/father submits that venue and time schedule, so as to facilitate the visitation right of the opposite party/father, has been chosen most judiciously keeping in mind the welfare of the child, which is the prime consideration in connection with a prayer for visitation right.

Upon perusal of the impugned order, it appears that the ambience provided to Victoria Memorial Hall ground is quite conducive to ensure the welfare of the child, which must remain uninterfered with. As regards the time schedule, restricting the visitation right in the afternoon of each Sunday from 3 pm to 5 pm, it is, however, modified from 4 pm to 6 pm. With this direction and modification, the impugned order stands modified to the extent mentioned hereinabove.

Other portions of the order will, however, remained unchanged.

The revisional application stands disposed of. (Subhasis Dasgupta, J)