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Calcutta High CourtCO/1595/2020disposed

Rishab Borar v. Jyoti Borar

2020-12-23Hon'Ble Justice Shampa Sarkar5 pages

23.12.2020 C.O. 1595 of 2020 Sn RISHABH BORAR VS. JYOTI BORAR Ms. Sohini Chakraborty Ms. Prajaani Das ..for the petitioner Mr. Sarojit Dasgupta ..for the respondents This revisional application was filed by the petitioner/father praying for an urgent disposal of an application filed for interim visitation in Act VIII Case No.95 of 2018 pending before the learned Additional District Judge, 11th Court, Alipore, District South 24 Parganas.

Upon going through the records, this Court found that the application that was filed in the learned court below has consequently become infructuous due to lapse of time as the matter could not be taken up and the prayer for interim visitation right was for the Christmas vacation of 2019. Having considered the situation, the Court directed the learned Advocate on record for the petitioner to serve notice upon the opposite party/wife so that an interim arrangement could be made for the child's Christmas vacation of 2020.

Mr. Dasgupta, learned Advocate appears on behalf

of the opposite party/wife. The parties have agreed to an interim arrangement, as decided by the Court, that is the child shall be dropped off at the father's residence on 25th and 26th December, 2020 and January 2, 2021 at 10-00 a.m. and will be picked up at 6-00 p.m.

It was suggested by the mother that it would be safer for the child if the mother drops the child and picks up the child in her own vehicle. To this arrangement parties have agreed as well.

It is also submitted that the mother has already recovered from the pandemic situation but none in the father's family had suffered the same.

It is undertaken by the petitioner that before the child visits, the house will be sanitized in the best possible way and apart from the family of the petitioner living in the same residence the child shall not be exposed to any outsider or relative.

With the above arrangement, which is an interim arrangement, this revisional application is disposed of. The learned Trial Judge is directed to hear out the pending applications expeditiously along with Act VIII Case No.95 of 2018. Now that the normalcy has gradually restored, the entire proceedings should be concluded preferably within a

period of one year from the next date fixed.

The petitioner will be at liberty to file appropriate application for subsequent visitation rights in the Court below and such application shall be decided upon hearing all the parties and in accordance with law.

This revisional application is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this orde4r be given to the parties on priority basis, if the same is applied for. (Shampa Sarkar, J.)