Vikram Menon Malik v. Shyamali Banerjee
15.
22-05-2026 (Ct. no.06) debajyoti (Bench ID 266306) CO 1699 of 2026 Vikram Menon Malik Vs.
Shyamali Banerjee Mr. Soumya Majumdar, Sr. Adv., Mr. Sounak Bhattacharya, Adv., Mr. Sounak Mandal, Adv., Ms. Anna Malhotra, Adv., Mr. Rishav Maity, Adv., Ms. Bipasha Bhattacharyya, Adv.
... For the Petitioner.
Mr. Ratnanko Banerji, Sr. Adv., Mr. Kanishk Kejriwal, Adv., Ms. Ashika Daga, Adv., Mr. Raunak Das Sharma, Adv., Ms. Sampurna Mukherjee, Adv., Mr. Aditya Mukherjee, Adv.
... For the Opposite Party.
1.
Affidavit-of-Service filed in Court is taken on record.
2.
This revisional application lays challenge to an order dated May 14, 2026 passed by the learned Additional District Judge, 7th Fast Track Court, Alipore, South 24 Parganas, whereby the petitioner's application for interim visitation under Section 12 of the Guardians and Wards Act, 1890 read with Section 151 of the Code of Civil Procedure, 1908 has been disposed of by allowing exclusive physical visitation of the minor child on June 6, 2026 and June 7, 2026 for a period of two hours from 05:00 P.M. to 07:00 P.M. at South City Mall, Kolkata. 3.
With the able assistance of Mr. Majumdar, learned Senior Advocate, appearing for the petitioner and Mr. Banerji, learned Senior Advocate, appearing
for the opposite party, a solution, though temporary, seems to have been found.
4.
Without substantially interfering with the order impugned, two modifications have been broadly agreed upon.
5.
The first one is with regard to the direction contained in paragraph 11 of the order by the Officerin-Charge of the concerned police station has been directed "to render necessary assistance, if any disturbance or obstruction is caused during implementation of the" order. The same is toned down. It will now be treated as an expression of the parties' right to seek police assistance if required-a right they possess in any event.
6.
The second one is with regard to the visitation hours and place therefor. Insofar as the visitation hours are concerned, the same shall stand enhanced to three hours i.e. from 4 PM to 7 PM instead of two hours from 5 PM to 7 PM. Further while the two days of visitation shall remain uncahnged, on the first of the aforesaid two days of visitation i.e. on June 6, 2026), the father shall have visitation at the Mall as directed by the learned Trial Court for the entirety of the three hours. On the second day (i.e. the last of the two days' visitation on June 7, 2026), the father will exercise visitation rights in respect of the child for the first two hours at the mall; thereafter the father will be entitled to take the child home for the third hour, excluding the travel time.
7.
In order to ensure that the father is able to exercise his visitation rights without interruption and hindrance and to smoothen the process of visitation, Mr.
Ratul Das, learned advocate (mobile:
9819934120), is appointed as Special Officer.
8.
The Special Officer is requested to ensure that the visitation is facilitated. If he finds that the child has got so uncomfortable that continuing with the one-hour visit with the father would not be impossible then, the Special Officer shall take the child to the his mother. The father would be entitled to accompany the child and the Special officer. 9.
The remuneration of the learned Special Officer is fixed at Rs.15000/- to be borne by the petitioner. 10.
It is expected that both the parents of the child would prioritize the best interests of the child and would ensure that the visitation is not frustrated, keeping in mind that shared parentage is one of the inherent rights of the child.
11.
The Special Officer shall file a report as regards the visitation before the learned Trial Court on the returnable date before the learned Trial Court. 12.
With the above observations, C.O.1699 of 2026 stands disposed of. No costs.
13.
Parties shall act on the server copies of this order duly downloaded from the official website of this Court.
14.
Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of necessary formalities.
(Om Narayan Rai, J.)