Sumit Guha v. Samarpita Guha Dutta

October 17, 2023 Sl. No.11 Court No.19 s.biswas CO 3662 of 2023 Sri Sumit Guha vs.

Smt. Samarpita Guha Dutta Ms. Juin Dutta Chakraborty Mr. Debasish Kundu Mr. Souma Subhra Ray ... for the petitioner Mr. Satyam Mukherjee Ms. Sayani Ahmed Mr. Purnendu S. Ghosh ... for the opposite party This court does not find any reason to interfere with the order impugned.

The order impugned has been rightly passed by the learned Additional District Judge, Fast Track, 4th Court at Barasat, North 24 Parganas. The learned court rejected the application filed by the father seeking interim custody of the child for a month. The child is seven years old. The visitation of the father has recently been allowed by this court by the order dated July 24, 2023. The child is just beginning to spend time alone with the father. Under such circumstances, dislodging a seven years old child from his home and comfort zone to a different place with his father for a month is neither practical nor reasonable.

The revisional application is disposed of without any interference. However, this court deems it necessary to allow some extended visitation to the father, as follows:-

a) On October 20, 21, 22 and 23, 2023, the father will pick up the child from the house of the opposite party/wife at 11 a.m. He may take the child to pandals and other places of interest and entertainment, restaurants etc.

and return the child to the residence of the opposite party at 2 p.m.

b) On November 11 and 12, 2023, the same arrangement shall be abserved.

c) The learned advocates on record for the respective parties will coordinate with the parents with regard to such arrangement.

The time limit fixed should be adhered to.

d) This arrangement is in addition to the weekly visit which had already been directed.

e) The visitation with regard to Sundays, i.e., on October 22 and November 12, 2023, shall be in accordance with the arrangement made hereinabove and on those two days alone, the order of July 24, 2023 shall not be applicable. With regard to the other Sundays, the visitation as already directed shall continue.

The order impugned is modified to this extent. This court does not deem it necessary to make any further arrangement at this stage or relax the conditions. This court is of the view that the misc.

case which is at the stage of hearing, should be disposed of within two months from the next date fixed.

The revisional application is thus disposed of. All the parties are directed to act on the basis of the server copy of the order.

Urgent Photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Shampa Sarkar, J.)