Deepmala Bose v. Partha Pratim Hazra

14.11.2025 Ct. No. 06 Sl. No.18 Cp C.O. No. 3925 of 2025 Deepmala Bose Vs.

Partha Pratim Hazra Mr. Aniruddha Chatterjee, Sr. Advocate Mr. Rajdeep Bhattacharya Mr. Tanmoy Mukherjee Mr. Souradeep Dutta Mr. Himadree Ghosh .....for the petitioner.

Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Abhirup Halder Ms. Bipasha Bhattacharyya .......for the opposite party.

1. Heard the learned counsel for the parties.

2. I do not find any material irregularity in the order impugned.

3. Upon considering the medical records, it appears that the child suffers from mental health disorder. The father raised allegations as regards the treatment, by filing an application before the court below. This Court is of the view that the treatment of the child shall continue as before, until further report is received upon examination of the child by a medical board at AIIMS Bhubaneswar.

4. As the mother has a reservation with the psychometric analysis of the child to be conducted at AIIMS, Kalyani,

as directed by the learned trial Judge, this Court deems it fit that the child should be examined by a board comprised of eminent doctors at AIIMS, Bhubaneswar, who are experts in the field. The said examination shall be conducted independently.

5. The father shall approach the hospital and make the appointment for constitution of the board as per the usual hospital procedure, based on the order of this Court.

6. This Court is of the view that, it will subserve the interest of both the parents, if an independent assessment of the child is made by a medical board outside West Bengal. The examination of the child should be held during his Christmas Vacation, i.e., between December 20, 2025 to January 1, 2026. The report of such examination shall be supplied to petitioner (mother). The petitioner shall file the same before the learned trial Judge, upon forwarding copies to the opposite party via email, whatsapp. At the time of delivery of the report, both parents shall have the right to go thorugh the same.

7. The revisional application is disposed of with the above modification of the order dated September 22, 2025, passed by the learned Additional District Judge, 16th Court, Alipore, South 24 Parganas in Act VIII Case No. 52 of 2025, as above.

8. It is made clear that as the parents are living apart, both of them will be personally present at the hospital. They shall allow the medical board to conduct the examination, without creating any diturbance. The mother will travel separately with the child and she will also be accompanied by any other family member. The parties shall be abide by the directions of the doctors and nurses as to how they should conduct themselves during such examination.

9. The expenses for the travel, stay and the treatment at AIIMS, Bhubaneswar, shall be borne by the father/opposite party.

10. The learned advocates on record for the respective parties are at liberty to accompany the parties in order to ensure that the parties behave like responsible parents with the clear understanding that this endeavour is being made by the Court only to ensure the welfare of the child. The original report(s) of the examination shall be filed before the learned trial Judge by the petitioner.

11. The revisional application is accordingly disposed of. There shall be no order as to costs.

12. Parties are to act on the server copy of this order. (Shampa Sarkar, J.)