Rudranil Mitra v. Sarmistha Mitra

sandip Ct. 18 08.11.2021 C.O. No. 1817 of 2021 (Via Video Conference) Rudranil Mitra Vs.

Sarmistha Mitra Mr. Soumava Mukherjee ... For the petitioner. The petitioner for the custody of his minor son has initiated a proceeding under the Guardians and Wards Act, 1890 before the learned District Judge at Alipore, District - 24 Parganas (South) being Act VIII Case No. 108 of 2020. The learned Trial Judge by the order impugned being Order No. 02 dated December 22, 2020 has refused to pass an ex-parte order of interim custody without hearing the mother of the said minor, the opposite party herein and had fixed January 20, 2021 as the date for hearing of the application for interim custody.

Mr. Soumava Mukherjee, learned counsel appearing on behalf of the petitioner submits that the opposite party has entered appearance in the said proceeding that being the position interference in the order impugned at this stage is not warranted.

C.O. 1817 of 2021 is disposed of with a request to the learned Trial Judge to dispose of the application of the petitioner for interim custody as expeditiously as possible without granting any unnecessary adjournment to the parties.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)