Extracted from the PDF above. The PDF is authoritative.
47
Ct 3
RUP
07.04. 2025 IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CIVIL REVISIONAL JURISDICTION
C.O. 15 OF 2025
Shri Bibhash Dhar Vs Smt. Payaswini Dey
Mr. Ajay Singhal Mrs. Heena Yasmin Shaikh
… for the petitioner
Mr. Sandip Mondal
Mr. Amit Saha
…..For the Respondent
This instant revisional application has been filed assailing the Order No.6 dated 2nd January, 2025 passed by the learned Additional District Judge, 1st Court at Siliguri in connection with Misc. Judicial (Act VII), Case No.2 (9) of 2024 with an application under Section 7/10 read with Section 25 and Section 12 of the Guardians and Wards Act,
1890.
By the order impugned in this revisional application, learned Additional District Judge, 1st Court at Siliguri allowed the application under Section 7/10 read with Section 25 and Section 12 of the Guardians and Wards Act, 1890 in part by giving a liberty to the petitioner to meet his minor daughter twice in a month i.e. 1st Sunday and 3rd Sunday for a period of one hour each from 12 p.m. to 1 p.m. in the
2 online mode through whatsapp video call on the mobile numbers of the parties or through any other online mode mutually fixed as per convenience of the parties.
Both the learned counsel having instruction of their respective parties are present and both the
learned counsel are ad idem of the fact that the right of visitation cannot be exercised through online mode while keeping in mind the welfare of the child.
Learned Trial Judge passed this
order presumably convinced by the ratio in the case of Sugirtha Vs. Gowtham Civil Appeal of 2024 arising out of SLP (C) No.18240 of 2024 wherein the Hon’ble Apex Court dealt with a case where both the parties to the suit resided 150 kilometers away, unlike the case at hand, where parties resided in the same locality.
None of the learned counsel appearing on behalf of the parties submitted with regard to the merit of the order except the execution of visitation rights.
In this circumstances, I would like to modify the order passed by the learned Additional District Judge, 1st Court, Siliguri in the following manner:-
Petitioner is at liberty to meet his minor child twice in a month i.e. first Sunday and third Sundary for a period of two hours from 4 p.m. to 6 p.m. in the
3 place suggested by the learned counsel appearing on behalf of the parties i.e. at Siliguri Park, Surya Nagar Math, Dabgram.
With the aforesaid observation, the revisional application being, C.O. 15 of 2025 stands disposed of.
Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings.
All parties shall act on the server copies of this
order duly downloaded from the official website of this Court.
(Bibhas Ranjan De, J.)