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Calcutta High CourtFMA/798/2023disposed

Ishani Ghosh v. Soumajoy Majumdar

2023-12-15Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar3 pages

AD-08&09 Ct No.16 04.03.2025 TN FMAT 277 of 2023 IA No: CAN 1 of 2023 CAN 2 of 2024 CAN 3 of 2024 Soumajoy Majumdar Vs.

Smt. Ishani Ghosh With FMA 798 of 2023 IA No: CAN 1 of 2023 Ishani Ghosh Vs.

Soumajoy Majumdar Mr. Supriyo Chattopadhyay, Ms. Debosri Chatterjee ....for the appellant Mr. Sourav Sen, Ms. Adrisnata Chakraborty ....for the respondent/wife 1.

All the applications are taken up for hearing. 2.

The matters arise out of a dispute regarding custody of a minor child who is residing with the mother Smt. Ishani Ghosh.

3.

Learned counsel for the father Soumajoy Majumdar submits that the coming 7th of this month is the birthday of the child and the father wants to have the child exclusively for a few hours on the said date. 4.

Learned counsel for the mother submits that the same is a school day for the child and a small programme

has been arranged in the evening to celebrate the birthday of the child in the house of the mother. 5.

Accordingly, we permit the father Soumajoy Majumdar to attend such birthday ceremony of the minor daughter of the parties at the place of the mother. 6.

In the event the father so visits, he will be welcomed in all manner and his access to the child would not be restricted in any manner by any action of the mother or her family members.

7.

CAN 1 of 2023, CAN 2 of 2024 and CAN 3 of 2024 in connection with FMAT 277 of 2023 as well as CAN 1 of 2023 in respect of FMA 798 of 2023 are disposed of by making the arrangement of visitation, as already granted previously by the order dated January 20, 2025, absolute till disposal of the appeals.

8.

There will be no order as to costs.

9.

The appellant in FMAT 277 of 2023 shall prepare and file the requisite number of composite informal paper books in respect of both the appeals without comparing with the records and serve an advance copy of the same on the learned Advocate for the respondent in FMAT 277 of 2023.

10. The appellant in FMAT 277 of 2023 shall deposit special messenger costs within a week from date, upon which the trial court records shall be called for by special messenger.

11. Liberty to the parties to mention the appeals for inclusion in the list to be heard analogously as and when the appeals are ready for hearing.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)