Page No.# 1/6 GAHC010091852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/249/2025 MEGHNA KHEMKA 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 : MR. P D NAIR, MR S R A NASER,MR G ALAM Linked Case : I.A.(Crl.)/487/2026 MEGHNA KHEMKA D/O MAHABIR PRASAD BUKALSARIA R/O NEW MARKET DIBRUGARH ASSAM PIN- NO. 786001 VERSUS THE STATE OF ASSAM AND 11 ORS. Page No.# 2/6 THROUGH THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HOME AFFAIRS DISPUR GUWAHATI-781006 3:THE DISTRICT OF MAGISTRATE OF DIBRUGARH DIST. DIBRUGARH ASSAM 4:THE SUPERINTENDENT OF POLICE DIBRUGARH DIST. DIBRUGARH ASSAM 5:THE OFFICER IN CHARGE DIBRUGARH POLICE STATION DIST. DIBRUGARH ASSAM 6:CHILD WELFARE COMMITTEE DIBRUGARH OFFICER OF THE DISTRICT CHILD PROTECTION OFFICER J.P. NAGAR DR LILA GOGOI PATH DIST. DIBRUGARH ASSAM REP. BY ITS CHAIRPERSON. 7:ARVIND KUMAR KHEMKA S/O LATE RAJKUMAR KHEMKA R/O 64 NALINI SETH ROAD BARA BAZAR Page No.# 3/6 KOLKATTA WEST BENGAL PIN-700007. ALSO RESIDENT OF ROOM 230 25A PARK STREET KOLKATTA WEST BENGAL PIN-700016. ALSO RESIDENT OF GEETANJALI CREATIONS INDUSTRIAL ESTATE CHANDPUR VARANASI UTTAR PRADESH PIN-221001. ALSO RESIDENT OF GAYATRI TOWERS PLOT NO. 256A MLAS COLONY LOTUSPOND ROAD ROAD NO. 12 BANJARA HILLS HYDRABAD TELENGANA PIN-500034 MOBILE AND WHATSAPP NO. 9831766466. 8:GEETANJALI TIWARI D/O BHRIGU NATH TIWARI RESIDING AT GAYATRI TOWERS PLOT NO. 265A H. NO. 8-2-293/82/2/L/265A MLAS COLONY LOTUSPOND ROAD ROAD NO. 12 BANJARA HILLS HYDRABAD TELENGANA PIN-500034. 9:SI SANGEETA KOCH TRAFFIC BRANCH DIBRUGARH POLICE STATION DIBRUGARH ASSAM. 10:SI SWAPNA BARUAH Page No.# 4/6 DIBRUGARH POLICE STATION DIBRUGARH ASSAM 11:DR GITIMALLICA GOGOI CHAIRPERSON CHILD WELFARE COMMITTEE DIBRUGARH OFFICER OF THE DISTRICT CHILD PROTECTION OFFICER J.P. NAGAR DR. LILA GOGOI PATH DIST. DIBRUGARH. 12:MS. RUPA RANI KOUR MEMBER CHILD WELFARE COMMITTEE DIBRUGARH OFFICER OF THE DISTRICT CHILD PROTECTION OFFICER J.P. NAGAR DR. LILA GOGOI PATH DIST. DIBRUGARH. ------------ Advocate for : APPLICANT IN PERSON Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 11 ORS. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 10.06.2026 (S.K. Medhi, J) Heard Shri P. Deka, learned counsel for the applicant. Also heard Shri A. Phukan, learned counsel for the respondent no. 7, who has appeared online. Shri P. Sarma, learned State Counsel is present for the State respondents. Page No.# 5/6 By the instant application, the applicant is seeking a modification in the order dated 08.02.2024 passed in W.P. (Crl) No. 27/2023. Such modification is sought in view of certain observations made by a Coordinate Bench on 15.09.2025 in the connected Contempt Case (C) No.249/2025. Vide the order dated 08.02.2024, both the writ petition and the connected I.A. (Crl.) No. 1012/2023 were disposed of. For ready reference, the portion of the order for which modification is sought for is extracted herein below: “6. However, on considering the prayer made in the I.A., this Court is of the opinion that telephonic access to the applicant mother is required, taking into consideration the welfare of the minor child which is of paramount importance. In this regard, specific instructions have been sought for from the learned counsel and as per the same, the applicant mother would be allowed to have telephonic access to the minor daughter twice a week namely, Tuesday and Friday between 06:00 PM to 07:00 PM. However, it is made clear that there may be slight modification in the dates or timings subject to the convenience of the parties.” Shri Deka, the learned counsel for the applicant has submitted that though this Court had allowed telephonic access of the applicant to the minor daughter twice a week, namely Tuesdays and Fridays between 6 pm to 7 pm, the daughter is studying in a Boarding School (Mussoorie International School) where telephonic access on those dates are not possible. He has accordingly submitted that there may be modification in the days and timing so far as the said direction is concerned. He has suggested that Sundays from 10.30 am to 11.30 am would be a convenient time. Shri Phukan, the learned counsel for the respondent no.1 has submitted that, on principle though he would not have any objection to the prayer made, there are many other factors which may be relevant. Page No.# 6/6 After hearing the learned counsel for the parties, we are of the opinion that though the Court becomes functus officio after disposal of the writ petition, there is an order passed by a Coordinate Bench to seek modification. We are also of the view that the modification sought for would not change the essence of the order passed by us. In view of the above and as consented by the learned counsel for the parties, the telephonic access be allowed to the applicant to the minor daughter on every Sundays between 10.30 am to 11.30 am. The parties may also explore on the option of having a video WhatsApp communication. Since presently the child is enjoying her vacation with the opposite party, on the coming Sunday, i.e., 14.06.2026, the opposite party will felicitate such telephonic access and for those days when the child is in the school, the access will be done in the phone number of the child i.e., Ph No. 9151282834 which is provided by the applicant who is present personally. It is made clear that for any other remedies, the parties would be at liberty to approach the appropriate forum. I.A. accordingly stands disposed of. JUDGE JUDGE Comparing Assistant