Sl.3 20.08.2026 Court No.6 BP C.O. 2422 of 2026 Sri Rajib Sarkar -versus- Smt. Nidrita Chakraborty Mr. Tanmoy Mukherjee Mr. Sunny Nandi Mr. Soumik Mondal Ms. Yamini Tiwari Mr. M.R. Roy ..for the petitioner Mr. Sourajit Dasgupta Mr. Aditya Tiwari Mr. Mayukh Majumder ..for the opposite party Affidavit of service filed in Court today is taken on record. On the prayer of the learned advocate for the petitioner, leave is granted to the learned advocate on record of the petitioner to amend the cause title of the civil revisional application, here and now. This application under Article 227 of the Constitution of India is at the instance of the father and is directed against an order being no.11 dated 30th June, 2026 passed by the learned Additional District Judge, 1st Court at Serampore, Hooghly in Matrimonial Suit No. 129 of 2025. Mr. Mukherjee, learned advocate appearing for the petitioner submits that the petitioner filed an application 2 under Section 26 of the Hindu Marriage Act to allow the petitioner to visit the minor son on his birthday on 22nd August, 2026 at a secured place. He submits that hearing of such application has been fixed long after the birthday of the minor son. The learned advocate appearing for the opposite party submits that the child is suffering from various ailments and in the event the petitioner is agreeable to meet the child on his birthday at a neutral place for only about two hours the mother does not have any objection. He further submits that the father should come alone on that date to meet the child. Heard the learned advocates for the parties and perused the materials placed. The petitioner is the father of the minor son whose birthday is on 22nd August, 2026. An application was filed by the father to allow him to meet the child on his birthday and to spend some quality time with the minor son on his birthday. Such application should have been taken up for hearing on priority basis before the birthday of the son. However, the learned Additional District Judge fixed 22nd September, 2026 for hearing of such application. This Court is of the considered view that fixing a date of hearing after the birthday of the son would result in the said application becoming infructuous. 3 Taking note of the fact that in the meantime the parties have agreed upon a neutral venue and the time for the father to spend some time and celebrate the birthday of his son on 22nd August, 2026, this Court is inclined to allow the prayer of the petitioner. C.O. 2422 of 2026 stands disposed of with the following directions: 1. The opposite party/mother shall bring the child at Vheto Restaurant, Serampore Court Compound, Serampore, Hooghly, West Bengal 712201 at or about 12 noon on 22nd August, 2026. 2. The mother/opposite party shall allow the father/petitioner to spend some quality time and celebrate the birthday of the minor son on the aforesaid date on and from 12 noon to 2 p.m. 3. The petitioner/father shall make all arrangements for the lunch of the minor son on that date. If the opposite party is agreeable to have lunch at that time, the petitioner shall make arrangement for the same. 4. The mother shall not create any disturbances or interfere at the time when the father shall celebrate the birthday of his son and shall be having lunch with the son. 5. The petitioner will be at liberty to give some gift items to the minor son on the birthday and the mother/ opposite party shall not object to the same. 4 C.O. 2422 of 2026 stands disposed of with the aforesaid observations. There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)