30-04-2025 Item no.160 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Civil Revisional Jurisdiction CO No.1376 of 2025 Sri Naba Gouranga Bera -vs- Smt. Juthika Bera (Mondal) Mr. Kaushik Dey Mr. Soham Sanyat …for the petitioner Mr. Suman Banerjee …for the opposite party This application under Article 227 of the Constitution of India is at the instance of the father of a minor girl and is directed against an order being Order No.17 dated January 10, 2024 passed by the learned Additional District & Sessions Judge, Fast Track Court-III at Howrah in Matrimonial Suit No.1039 of 2020. By the order impugned, the learned trial judge rejected the prayer of the petitioner herein for visitation of the minor daughter on the grounds that since the relationship of the parties is strained, the same might have an adverse effect on the mental health of the child. Mr Dey, learned counsel appearing for the petitioner, submits that the minor daughter, namely Adrita Bera, is presently aged about 10 years and is presently staying with the mother, and that the petitioner-father may be allowed to take the daughter from the residence of the opposite party to his own residence and to return her on the same day after few hours. Learned advocate for the opposite party opposes such prayer and submits that the mother does not have any objection if the petitioner meets with the daughter in the presence of the mother at any neutral place. The parties have agreed that the father may meet with the minor daughter at Avani Riverside Mall at Howrah situated at 32, Jagat Banerjee Ghat Road, Shibpur, Howrah – 711 102. In my considered view, the reasons assigned by the learned trial judge while rejecting the prayer for visitation cannot be supported. The relationship between the father and mother of the minor daughter may be strained, but that cannot be the ground to disallow the prayer of the father to meet with the minor child. In view thereof, this court is inclined to allow the petitioner-father to meet with the minor daughter, Adrita Bera, and spend time with the daughter for the present. Accordingly, as suggested by the learned advocates for the respective parties, the mother-opposite party herein shall bring the minor daughter at Avani Riverside Mall on every Saturday at 5 p.m. and the father-petitioner shall be allowed to interact with the daughter from 5 p.m. to 7 p.m. on every Saturday. In case due to any unavoidable circumstances, the daughter cannot be brought on a particular Saturday to meet with the father, the mother shall intimate the father well in advance and for that week such visitation shall be arranged on Thursday of such week from 5 p.m. to 7 p.m. The visitation shall start with effect from May 3, 2025. It is, however, made clear that such visitation should be a meaningful one and that there shall be an order restraining the mother or any of her family members from creating any disturbances in the exercise of visitation right of the father during the aforesaid time. 2 Parties will be at liberty to approach the learned trial judge in future for further order. With the aforesaid observations and directions, CO No.1376 of 2025 stands disposed of. All parties are to act on the server copy of this order duly downloaded from the official website of this court. Certified copy of this order, if applied for, shall be made available to the parties. [Hiranmay Bhattacharyya, J] 3