Page No.# 1/6 GAHC010201892025 2025:GAU- AS:12551-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2978/2025 MEGHNA KHEMKHA D/O LATE RAJKUMAR KHEMKA, R/O NEW MARKET, P.O. AND P.S.- DIBRUGARH, ASSAM- 786001 VERSUS ARVIND KUMAR KHEMKA S/O LATE RAJKUMAR KHEMKA, R/O 64, NALINI SETH ROAD BARA BAZAR, KOLKATTA, WEST BENGAL-700007. ALSO R/O ROOM 230 25A, PARK STREET, KOLKATA, WEST BENGAL-700016. ALSO R/O GEETANJALI CREATIONS INDUSTRIAL ESTATE, CHANDPUR, VARANASI, UTTAR PRADESH-2210001. ALSO R/O GAYATRI TOWERS, PLOT NO. 256A, MLAS COLONY, LOTUS POND ROAD, ROAD NO. 12, BANJARA HILLS, HYDERABAD, TELENGANA-500034 Advocate for the Petitioner : MR M SAHEWALLA, MS T J SAHEWALLA Advocate for the Respondent : , Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 15.09.2025 (K.R. Surana, J) 1. Heard Mr. M. Sahewalla, learned counsel for the applicant as well as Mr. A. Phukan learned counsel for the respondent. 2. By filing this interlocutory application in the connected Cont.Cas (C)/249/2025, the applicant who is the estranged wife of the respondent, has prayed for passing necessary orders directing the school authorities of Mussoorie International School, Mussoorie to allow the applicant, namely Meghna Khemka, the biological mother of Aaditri Khemka, to meet her said minor daughter for sometime on 19th September, 2025 in presence of the teachers of the school. 3. The learned counsel for the applicant has submitted that as per instructions received by him, although there was an order passed by the Division Bench of this Court to allow the applicant to have telephonic contact with her minor daughter, it is alleged that the telephonic access has been cut off. 4. Opposing the prayer made in the interlocutory application, the learned counsel for the respondent has submitted that in paragraph nos. 8 and 9 of the order dated 08.02.2024 passed by the Division Bench of this Court in I.A. (Crl.)1012/2023, the Court had made clear that the order pertained to only Page No.# 3/6 telephonic access and no order has been passed on the prayer for physical access and that the applicant was granted liberty to approach the appropriate forum with an appropriate petition in case of any grievance. Accordingly, he submits that this Court would not be the appropriate forum to pass orders and as per the directions contained in the said order dated 08.02.2024, the applicant has to approach the appropriate court where the divorce application and the application for custody of the child are pending. 5. In course of proceedings, the matter was adjourned for some time to enable the learned counsel for the respondent to obtain instructions as to the mode and manner under which telephonic access to the applicant over the minor daughter can be given. When the matter was taken up after half an hour by the Court, the learned counsel for the respondent, upon instructions has submitted that the school authorities give access to the child to their parents only on Sunday at 10.30 am for 30 minutes. 6. Accordingly, in light of the directions contained in the order dated 08.02.2024, the Court is inclined to permit the applicant namely, Meghna Khemka, the biological mother of the minor child, namely, Aaditri Khemka to have telephonic access to her minor daughter on 21-09-2025 i.e. on Sunday at 10.30 am for 15 minutes. 7. The court is making it clear that this order has been passed under unusual circumstances as it has been projected by the learned counsel for the applicant that the applicant did not get telephonic access to her daughter and therefore, the telephonic access is only restricted on 21.09.2025 for 15 minutes from 10.30 Page No.# 4/6 am. 8. In view of the fact that in paragraph- 6 of the order dated 08.02.2024, the direction of this Court was to allow telephonic access to the minor daughter twice a week i.e. on Tuesday and Friday between 6 p.m. to 7 p.m., the parties may be well advised to file an appropriate application for modification of the order, otherwise, the said order dated 08.02.2024, passed by this Court shall become enforceable proprio vigore. It is made clear that the Court is not bound by the school’s timing to grant access to the applicant. 9. In so far as the prayer for telephonic access of the applicant to the minor daughter, we are bound by the paragraph nos.8 and 9 of the order dated 08.02.2024, passed by the Co-ordinate Bench of this Court in I.A.(Crl.)/ 1012/2023. 10. In so far as the matrimonial disputes between the parties are concerned, the Court is inclined to direct the applicant as well as the respondent to appear before the Court either physically or through video conferencing mode on the next date fixed, so as to explore the possibility of referring the matrimonial disputes between the parties to mediation to be held at the Gauhati High Court Mediation Centre for making an attempt to settle all disputes that the parties may have. In this regard, separate order has been passed in the connected Cont.Cas(C)/249/2025. 11. On being asked, the learned counsel for the respondent has submitted that the school mobile no. 98977-33937 through which the applicant’s daughter Page No.# 5/6 can be accessed. The applicant shall send a down loaded copy of the order to the school authorities well in advance so as to take notice of this Court order and to allow telephonic access of the applicant to her minor daughter’s namely, Aaditri Khemka in terms of the order. 12. At this stage, learned counsel for the respondent has submitted that it is also possible that after examination break, the said minor daughter may be in the custody of the respondent. In that event, the respondent shall be bound to give telephonic access to the applicant over her minor daughter for making a call at the following mobile no.98317-66466, the mobile number which has been disclosed by the learned counsel for the respondent on being asked. Therefore, in the event, the minor daughter is in the custody of the respondent, he shall make proper arrangement that the call of the applicant is received and in the absence of any call from the applicant or in the event of any mobile connectivity disruption, the respondent shall have the daughter connected to the applicant in her mobile no. 76359-57537, the number, which is disclosed by the applicant’s advocate, on being asked. 13. Accordingly, with the limited access granted to the applicant to have telephonic access to the minor daughter, this interlocutory application stands disposed of. JUDGE JUDGE Page No.# 6/6 Comparing Assistant