D/L. 60 19.08.2026 Ct No. 2 Mujahid CO 3575 of 2024 With CAN 2 of 2025 CAN 3 of 205 CAN 4 of 2026 Amrita Dasgupta VS Anjanava Maitra Mr. Surya Prasad Chattopadhyay Ms. Tristrya Mancherji …for the petitioner Mr. Joydip Kar, Sr. Adv. Ms. Arunima Lala Mr. Soumyadeb Sinha Ms. Suranjana Chatterjee …for the opposite party 1. Present petition has been filed challenging the orders dated 23rd August, 2024 and 12th September, 2024 passed by the learned Additional District Judge, 10th Court at Alipore, South 24 Parganas. 2. Shorn of the details leading to the matrimonial dispute and filing of the present petition as well as the impugned order, the Coordinate Bench of this Court after prolonged hearing having taken place at various dates passed a detailed order regarding the arrangement for visitation right of the petitioner/mother vide order dated 17th April, 2025. The order dated 17th April, 2025 is reproduced hereinunder for the advantage of both the parties. 2 “Ms. Debjani Sengupta, who has been appointed as a Special Officer by a Co-ordinate Bench vide order dated October 4, 2024 expresses her inability to continue to act as a Special Officer in view of the fact that her residence is situated at a far off place. She prays that she may be relieved from functioning as a Special Officer in this matter. Considering the inconvenience of the learned Special Officer, her prayer is allowed. The report of Ms. Sengupta, learned Special Officer, filed in a sealed cover, is taken on record. Learned advocate appearing for the father/opposite party submits that on account of certain health issues, the time for visitation on Saturdays of every week may be modified to some extent. She submits that if the petitioner herein is allowed to meet the minor daughter on Saturdays from 10 a.m. to 1 p.m. it will be convenient for the minor daughter. Mr. Chattopadhyay, learned advocate appearing for the petitioner submits that the mother shall adhere to the time limit that may be fixed by this Court for exercising the visitation right. In the light of the submissions made by the learned advocate for the respective parties, the petitioner/ mother is permitted to take access of her daughter on Tuesdays and Thursdays of every week from 6 p.m. to 8 p.m. and on Saturdays of every week from 10 a.m. to 1 p.m. at Flat No. 1 G, 603, Avidipta, 401, Barakhola, Kolkata – 700 099, the residence of the father. In order to supervise the aforementioned access of the minor daughter by the mother, Ms. Prajaaini Das, learned advocate is appointed as a Special Officer as suggested by the learned advocates for the parties. The initial remuneration of the learned Special Officer is fixed at Rs. 50,000/- to be paid by the opposite party/father on or before Saturday (26.04.2025). The aforesaid arrangement shall start with effect from today (17.04.2025). It is, however, made clear that this interim arrangement shall continue until further order and the said access must be meaningful without any interference by the father and/or his family members and the mother shall adhere to the time limit specified in this order. List this matter in the Monthly List of June, 2025.” 3. Learned counsel for the petitioner has vehemently argued that this order is liable to be modified as the petitioner/mother is not getting enough visitation rights. Learned counsel further submits that the opposite party/husband even does 3 not allow the visitation right to be enjoyed fully by the petitioner/wife. Learned counsel submits that with the passage of time and increase in the age of the child, the petitioner/mother needs to spend more time with the child and the visitation rights should be modified to the extent that the child may visit the house of the petitioner/wife. 4. Learned senior counsel for the opposite party/husband has refuted all the averments. Learned counsel submits that opposite party/husband has never created any impediment in the implementation of the interim arrangement of visitation right as made by this Court vide order dated 17th April, 2025. Learned senior counsel submits that the petitioner/wife is being provided with a separate room for effectuating the visitation right and all facilities are provided for the smooth visitation. Learned senior counsel submits that there is no occasion to modify the interim arrangements of visitation right as made by this Court vide order dated 17th April, 2025. 5. The Court has considered the submissions. While deciding the issue regarding the visitation right of the child, the paramount consideration before the Court is the welfare of the child. It has repeatedly been held that the child is entitled to love and 4 affection of both the mother and the father. The matrimonial dispute between the parents cannot deprive a child for the love and affection, which the child is entitled to. It is unfortunate that the bitterness between the fighting parents cause the unnecessary trauma to the child and takes away his/her right of emotional love and affection, for no fault of them. Be that as it may be, the Court has a duty to see that the best possible arrangement is made, taking into account the right and interest of the child. 6. The child in the present case is presently of around five years of age. She is a girl child having some serious physical issues. The visitation rights are always dynamic in nature and visitation arrangements need to be changed from time to time, taking into account, the age of the child, the health of the child, the situation of the parents and child and all other attendant circumstances. The courts are required to re-visit such orders at regular intervals. 7. Learned counsel for the petitioner has also invited the attention of the Court to the guidelines laid down by this Court under the heading “Child Access and Custody Guidelines Parenting Plan 2025”. This Court feels the need for laying down guidelines for the Family Courts was to help them in disposing 5 of the cases expeditiously. The Hon’ble High Court, also took into account, depriving love and affection of both parents, while laying down the guidelines, more particularly due to alienation of the child by the custodial parents and/or denial of proper access to the non-custodial parents by the Courts without realizing the serious consequences caused in the later part of the child’s life. Thus, it was felt that there is an urgent need to establish well defined framework and guidelines for the family courts and the counselors to implement, while deciding the custody of the child. This court reemphasize that the learned trial court are under bounden duty to take into account such guidelines in accordance with the facts and circumstances of the case. 8. Thus, taking into account, the totality and the facts and circumstances of the case and the submissions of both the parties, the present petition is disposed of with a liberty to the petitioner to file a fresh application for the fresh visitation order on the basis of the age of the child, her health condition and other attendant changed circumstances. Learned trial court shall dispose of this application preferably within eight weeks from the date of communication of this order, after the completion of the pleadings of such application. Learned trial court shall give 6 sufficient opportunity to both the parties of being heard in accordance with law. Learned trial court shall also make serious endeavour to dispose of the pending applications as well as the dispose of the main application under Section 12 of Guardian and Wards Act, 1890. 9. In the meantime, the interim arrangements as made by this Court vide order dated 17th April, 2025 is slightly modified and shall be as under. 10. Till the application of the petitioner for the visitation right is decided by the learned trial court. The petitioner/mother is permitted to take access of her daughter on Tuesday and Thursday of every week from 6.00 p.m. to 8.30 p.m. and on Sunday of every week from 10.00 a.m. to 1.30 p.m. at Flat No. 1 G, 603, Avidipta, 401 Barakhola, Kolkata – 7000 099, the residence of the father. Both the parties shall scrupulously comply with the order of this Court dated 17th April, 2025 and shall not create any circumstances which may cause hindrance in the implementation of the visitation right peacefully. 11. Accordingly, the revision petition stands disposed of and the connected applications, if any, are also disposed of. 7 12. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Dinesh Kumar Sharma, J.)