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2025 DAILYLAW 1956 (TRI)

Sri Rajib Halder, v. Smt. Namita Das and Anr.

FA/4/2025 · 2025-09-24

Biswajit Palit, T Amarnath Goud

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA FA NO.04 OF 2025 Sri Rajib Halder, S/o. Sri Santosh Halder, Resident of Ganger Tilla, P.O.- Santirbazaar, South Tripura, Pin-799144. …….Appellant(s). 1. Smt. Namita Das, D/o, Sri Uttam Das, and Smt. Laxmi Das, C/o- Smt. Laxmi Das, Birchandra Nagar(Takmacherra), Opp. Birchandranagar Tehsil, P.O.- Birchandranagar, P.S.-Santirbazaar, South Tripura, Pin-799125. 2. Mounali Halder(minor), D/o, Sri Rajib Halder, C/o. Smt. Laxmi Das, Birchandranagar Tehsil, P.O.- Birchandranagar, P.S.- Santirbazaar, South Tripura, Pin-799125. Represented by Smt. Namita Das(Mother). Present: For the Appellant(s) : Mr. S. S. Debnath, Advocate. Mr. D. S. Kunwar, Advocate. For the Respondent(s) : Mr. S. Bhattacharjee, Advocate. Mr. D. Saha, Advocate. 24.09.2025 HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE BISWAJIT PALIT Order 1. The present appeal has been filed against the order dated 01.05.2025 passed by the learned Family Court, South Tripura, Belonia, in Civil Misc.(G.C.) No. 01 of 2024, seeking to set aside and remand the matter for trial with a direction to allow visitation rights to the appellant herein. 2. Heard Mr. Debarun Singh Kunwar, learned counsel appearing for the appellant, as well as Mr. S. Bhattacharjee, learned counsel appearing for the respondent. 3. In terms of order dated 03.09.2025, both parties are personally present before this Court today. 4. The appellant-father submits before this Court that the respondent-mother is creating hindrance during his visits to his minor daughter. He alleges that he has been threatened not to visit his daughter and that, on one occasion, when he went to deliver gifts to his daughter, he was not allowed to meet her and was even manhandled. 5. On the other hand, the respondent-mother, through her engaged counsel, has expressed her willingness to grant visitation rights to the appellant-father in respect of his minor daughter. 6. Heard and perused the materials on record. 7. Upon mutual agreement between the parties, a Joint Compromise Memorandum has been duly signed by both parties and their respective counsel in the Bar itself. The said Joint Compromise Memorandum is extracted here-in-below:– “ HIGH COURT OF TRIPURA AGARTALA FA NO.04 OF 2025. In the matter of: Sri Rajib Halder Vs. Smt. Namita Das and anr. Dated 24.09.2025. JOINT COMPROMISE MEMORANDUM 1. Both the parties are present before this Court and have voluntarily entered into a settlement. The terms and conditions of this joint compromise are as follows:- 1.1. The mother, i.e., Smt. Namita Das, shall allow the father of the minor child, i.e., Sri Rajib Halder (her divorced husband), to visit the child on any day from 8:00 A.M. to 6:00 P.M. at her residence. 1.2. The mother has no objection if the father visits the minor child in her school as well. 1.3. The mother has no objection if the father extends his love and affection, and also gives gifts and other movable items to the minor child. Appellant(Father) Sri Rajib Halder Respondent(Mother) Smt. Namita Das. Mr. D.S. Kunwar(appellant counsel) Mr. S. Bhattacharjee(respondent-counsel) 1.4. The mother assures and agrees that the father will not be restricted by her, her agents, family members, relatives, or friends during his visits. 1.5. The father, Sri Rajib Halder, agrees that he will visit the residence of the mother only during the allotted time on any day, i.e., from 8:00 A.M. to 6:00 P.M., and shall spend quality time with the child. 1.6. The father undertakes that he will not create any unhealthy atmosphere or disturb the peace and tranquility of the mother’s residence during his visitation. 1.7. If mutually agreed, both parties may spend quality time with the child together during vacations, festivals, celebrations, or birthdays. 1.8. The father is financial sound and thus undertakes to take care of the welfare of the child and to bear her educational expenses. Although, at present, the child is studying in a Government School; however, the father has expressed his willingness to admit her to a private school for better education he has also agreed to bear all related expenses for such education. 2. With the above terms and conditions mutually agreed by both the parties, namely, the appellant/father, Sri Rajib Halder, and the respondent/mother, Smt. Namita Das, in the presence of their respective counsels, i.e., Mr. Debarun Singh Kunwar, learned counsel for the appellant/father, and Mr. Samarjit Bhattacharjee, learned counsel for the respondent/mother, this joint compromise memorandum is finalized and may kindly be recorded as part of the final order. Appellant(Father) Sri Rajib Halder Respondent(Mother) Smt. Namita Das. Mr. D.S. Kunwar(appellant counsel) Mr. S. Bhattacharjee(respondent-counsel).” 8. In terms of the aforesaid Joint Compromise Memorandum, the present application stands disposed of. The Joint Compromise Memorandum shall form part and parcel of this order. In view of the above, the personal appearance of the parties is dispensed with. 9. With the aforesaid observations and directions, the present appeal stands disposed of. Consequently, the interim stay, if any, stands vacated. Pending application(s), if any, also stand(s) closed. B. PALIT, J DR. T. AMARNATH GOUD, J suhanjit SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.09.26 10:58:36 +05'30'