Prithartha Chakraborty (Mukhopadhyay) v. Subhadip Chakraborty

D/L- 52 26/09/2025 Ct. No.-6 Jks/SM C.O. 3652 of 2025 Prithartha Chakraborty (Mukhopadhyay) Vs.

Subhadip Chakraborty Mr. Partha Pratim Roy Mr. Sarbananda Sanyal Mr. Samrat Chakraborty ... ... for the petitioner This is an application under Article 227 of the Constitution of India at the instance of the mother and is directed against an order being no.20 dated September 22, 2025 passed by the learned District Judge, Purba Bardhaman in connection with Act VIII Case No.27 of 2024.

Mr. Roy, learned advocate submits that by the order impugned the father/opposite party was permitted to visit his minor son at the chamber of the Special Officer on four dates from 10.00 a.m. to 3.00 p.m. Mr. Roy, learned advocate appearing for the petitioner submits that it is against the welfare of the child to confine him for five hours inside a room.

The son of the parties presently aged over five years is in the custody of the mother. The father is also entitled to have the company of the minor son.

After going through the order impugned this Court finds that the learned District Judge, Purba Bardhaman after considering all aspects of the matter, permitted the father/opposite party to visit the minor son at the residence of the Special Officer. This Court does not find any reason to interfere with such order. However, considering the age of the son, this Court feels that the presence of the mother is necessary at the relevant point of time at the residence of the Special Officer. The Special Officer is requested to make an arrangement for the stay of the mother at the time of visitation. The mother is restrained from creating any obstruction at the time of interaction between the father and the son.

It will be open to the learned District Judge to call for a report from the Special Officer.

The impugned order stands modified only to the extent as indicated hereinabove.

CO 3652 of 2025 is disposed of.

There will be no order as to costs.

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

(Hiranmay Bhattacharyya, J.)