Swarup Shasmal v. Sima Sarkar
sandip Ct. 19 25.09.2024 In The High Court At Calcutta Civil Revisional Jurisdiction C.O. 3187 of 2024 Swarup Shasmal Vs.
Sima Sarkar Mr. Sandipan Das ...For the petitioner. Mr. Rajdeep Bhattacharya, Mr. Sanjib Sankar Majumdar ... For the opposite party. The instant application under Article 227 of the Constitution of India is directed against the order being Order No. 01, dated July 31, 2024 passed by the learned District Judge at Alipore, District: 24 Parganas (South), in Act VIII Case No. 148 of 2024 initiated by the opposite party, the mother of the only daughter of the parties. The mother in the aforesaid proceeding had filed an application under Section 12 of the Guardians and Wards Act, 1890 for access to her daughter; the learned District Judge on the said application had directed the father under whose custody the child is now residingh, to produce this child in Court at 2 P.M. on September 04, 2024.
The mother has every right to have access to her child, therefore, this Court is not inclined to interfere with the said direction.
Though there was no order of stay, the father did not produce the child on the date as was directed by the learned Trial Judge. The father is directed to produce the child at the chamber of Mr. Sanjib Sankar Majumdar, learned advocate for the mother, at Subuddhipur Brick Field Road near 4 No. Platform, South
Centre School, Baruipur, District - 24 Parganas (South), Pin - 700 144 at 6 P.M. on October 02, 2024 for 2 (two) hours. This Court is informed that October 03, 2024 is the date fixed in the said proceeding.
The learned Trial Judge is requested to consider and dispose of the prayer of the mother for temporary custody of her daughter during Puja Vacation.
C.O. 3187 of 2024 is disposed with the above terms without any order as to costs.
Parties to act on the server copy of this order duly downloaded from the official website of this Court.
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.)