Akash Basu And ORS v. Soumi Banerjee
08.05.2026 (Ct. No. 29) (Susanta) C.O. 3903 of 2024 Akash Basu & Ors.
-Vs- Soumi Banerjee Mr. Debashis Banerjee, Mr. Gourav Sengupta, Mr. Rakesh Jana, ...For the Petitioners.
Ms. Sohini Bhattacharya, Mr. Swapnamoy Sarkar, Ms. Sreejita Sen, .... For the Opposite Party.
The instant application has been preferred against order dated 7th August, 2024 passed in Misc. Case No. 167 of 2022 (Act VIII). By the impugned order, learned Court below had directed that the three petitioners, namely, the father of the minor child and his grandparents shall meet the minor child twice in a year in a convenient place mutually decided by both the parties and in case they fail to decide any agreed place they will meet at the Court premises keeping in mind the child's beneficial interest and in furtherance, opportunity was also given to them to visit the child on his birthday as special day.
Being aggrieved by the said order, the petitioner has preferred the application by contending that they were led to believe during
hearing that the visitation right has been given to them twice in a month but when they eventually received the said order, they found that it is twice in a year. However, no review application has been preferred before the Trial Court.
Ms.
Bhattacharya, learned advocate appearing on behalf of the opposite parties raises objection against the submission made by the learned advocate for the petitioner that the Trial Court had made them understand at any point of time that the visitation will be made twice in a month. During hearing of the instant application, the parties agreed that the convenient place for meeting only with grandparents of the child will be at Hotel Vivanta, Kolkata, EM Bypass.
Having considered the submissions made on behalf of both the parties, the instant application being C.O. 3903 of 2024 is hereby disposed of by slightly modifying the impugned order dated 07.08.2024 to the extent that the grandparents of the child shall meet thrice in a year at Hotel Vivanta Kolkata, EM Bypass at the time that will be fixed according to the convenience of the parties and after giving one month prior notice to the mother/opposite party. As directed by the Trial Court, the grandparents will also be at liberty to meet the child on the special day i.e. on his birthday at
Hotel Vivanta Kolkata, EM Bypass at the convenient time which will be settled by the parties, beside aforesaid three visitations.
Learned Trial Court will expedite the hearing of the main Application and will make it's best endeavour to conclude the entire proceeding preferably within a period of one year.
Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J)