Page No.# 1/3 GAHC010023952023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./126/2023 DEEPSHIKHA SONOWAL D.O- LATE BHABEN SONOWAL, VILL-WARD NO.3, STATION ROAD, P.O. - DHEMAJI, DIST- DHEMAJI, ASSAM, PIN-787058 VERSUS PINTU NANDI S.O- LATE GOPAL NANDI, VILL-WARD NO.4, DHEMAJI P.O.-DHEMAJI, DIST- DHEMAJI, ASSAM, PIN-787058 Advocate for the Petitioner : MR. M BISWAS, MS M DAS Advocate for the Respondent : MR. P HAZARIKA, MR. P K MUNIR,MR. A. GAYAN Linked Case : CRP/105/2022(D/O) PINTU NANDI SON OF LATE GOPAL NANDI RESIDENT OF WARD NO. 4 DHEMAJI POLICE STATION- DHEMAJI DISTRICT- DHEMAJI ASSAM. VERSUS DIPSHIKHA SONOWAL DAUGHTER OF LATE BHABEN SONOWAL Page No.# 2/3 RESIDENT OF WARD NO. 6 STATION ROAD DHEMAJI POST OFFICE AND POLICE STATION- DHEMAJI DISTRICT- DHEMAJI ASSAM. PIN- 787058. ------------ Advocate for : MR. P HAZARIKA Advocate for : appearing for DIPSHIKHA SONOWAL BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.11.2025 Heard Mr. M. Biswas, the learned counsel appearing for the petitioner. Also heard Mr. P.K. Munir, the learned counsel appearing for the respondent. 2. This Review Petition relates to a 12 year old male child. Both the parents are seeking custody of the child. Therefore, the learned Trial Court has called the child for an interview. 3. Mr. Biswas has pointed out that the child has been living with his father for a long time. Therefore, whenever the Court will ask with whom he wishes to stay, the child might say that he will stay with his father only. Therefore, in order to have a balance of view, Mr. Biswas submits that the child should be kept with his mother at least for 3 (three) days before he is produced before the Trial Court for interview. 4. Mr. Munir submits that he has no objection to the submission made by Mr. Biswas but the question is whether the child is interested to stay with his mother or not. Page No.# 3/3 5. Therefore, this Court is of the opinion that the consent of the child should be obtained to determine whether he wishes to go with his mother and stay with her for 3 (three) days. If the child gives consent, then the child shall be kept with his mother for 3 (three) days. After that, he shall be produced before the Trial Court in the matter of his custody. If the child does not wish to go with his mother, then also no pressure should be placed upon him to stay with his mother. He shall be directly produced before the Trial Court for an interview. 6. With the above direction, this Review Petition stands disposed of. JUDGE Comparing Assistant