Disposed

Rakesh Khan v. Sreeja Khan Dhar

Calcutta HC18 Jul 2023CO/484/2023

Case brief

AI extract

What is this about?

The court held the revisional application infructuous as the main suit was transferred. It directed the petitioner to file a fresh Section 151 application for interim visitation rights. In the meantime, an interim arrangement was made allowing the father to visit the minor child on alternate Sundays at the mother's residence.

What did the court decide?

Interim arrangement passed: Petitioner to meet child with mother on alternate Sundays between 4 to 7 p.m. at her residence; Petitioner to file a fresh Section 151 CPC application for formal visitation

Rakesh Khan Vs Sreeja Khan Dhar — Child Custody and Guardianship | Calcutta HC (2023)

¶1

Item No. 16 18.07.2023 Court. No. 19 GB

¶2

C.O. 484 of 2023

¶3

Rakesh Khan

¶4

Vs. Sreeja Khan (Dhar)

¶5

Mr. Indranil Roy, Mr. Sunit Kr. Roy

¶6

… for the Petitioner.

¶7

Mr. Sourav Sen, Mr. Shibasis Chatterjee

¶8

… for the Opposite Party.

¶9

In view of the order passed in C.O. No.132 of 2023 the prayer made in this revisional application, has now become infructuous.

¶10

The petitioner/husband shall be entitled to file a fresh application under Section 151 of the Code of Civil Procedure claiming interim visitation rights in respect of the minor child in the matrimonial suit which has been transferred, as per the order passed in C.O. No.132 of 2023. Thereafter, the said application shall be heard out upon contest and disposed of expeditiously, in accordance with law. Upon decision of the interim visitation application, the learned court shall make endeavour to dispose of the application under Section 26 of the Hindu Marriage Act, preferably within the next six months from disposal of the interim application.

¶11

In the meantime, as the father is before this Court and wishes to visit the minor child, this Court is of the view that an interim arrangement can be made by this Court till the application for interim visitation is disposed of by the

¶12

¶13

transferee court. This order has been passed as some time will be consumed in transferring the suit and for the petitioner to take appropriate steps by filing a fresh application for visitation.

¶14

The father shall meet the child at the residence of the wife (mother) on alternate Sundays between 4 to 7 p.m. The father may also take the child for entertainment to any park or play area or restaurant, etc. The father may also take gifts for the child. The mother is expected to cooperate and comply with the order of the Court. There should not be any resistance from the side of the mother.

¶15

Accordingly, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.

¶16

(Shampa Sarkar, J.)

Rakesh Khan v. Sreeja Khan Dhar

Case brief

What is this about?

What did the court decide?

Rakesh Khan v. Sreeja Khan Dhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Barun Kumar Sahoo Vs Sujata Sahoo Mondal

Habibul Mallik and Ors. Vs Rabiul Mallik @ Sk Rabiul Islam and Ors.

Arup Chatterjee Vs Jayanta Roy & Anr.

Sreeja Khan Dhar Vs Rakesh Khan

Nirmala Mondal and Ors. Vs Sudhir Baila and Ors.

Sreeja Khan (Dhar) and Anr. Vs Rakesh Khan