High CourtsSingle Bench

AHUL JIAS vs KASTURI JIAS NEE SINHA ROY

Calcutta High Court · Decided on 9 April 2018 · Citation: (2018) 04 CAL CK 0050

HON’BLE JUDGES
SOUMEN SEN, J
CASE NUMBER
AGWA No. 1 of 2016

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Judgment

18 paragraphs · 420 words

Appearance: Mr. Rahul Jias appears in person. Ms. Kasturi Sinha Roy appears in person.

The Court: The child accompanied by his mother is present in Court. The father is also present. I have interacted with the child. The child is

full of life and lovable. The child during his interaction has expressed his fondness for the petitioner. He is also very attached to his mother which

is but natural in view of the fact that the child is in the custody of his mother. The Court has a special responsibility in regard to the welfare of the

child and encourage and assist parents to focus on the needs and interest of their child and their future parenting. Considering the wishes and

feelings of the child and having regard to the suggestion came from the petitioner that he is willing to take the child along with the respondent and her

parents for a vacation either at Nainital or Mussoorie for a period of five days and is agreeable to bear all expenses including travel and

accommodation, I direct the respondent to intimate to the petitioner within a period of one week from date the convenient dates during the summer

vacation of the child for a duration of five days so as to enable the petitioner to make all necessary arrangement for the travel and accommodation at

Mussoorie. The petitioner may also take his parents along with him during such vacation. This direction is passed after taking into consideration

the views of the child, his wishes and feelings. It is expected that the parents and all concerned shall behave responsibly so that the growth and

welfare of the child is not hampered. The child is as pure as anything and his mind should not be polluted. None of the parties should create any

impediment in implementing this order. Although a decree for divorce has already been passed and the child is in the custody of the mother being

the natural guardian of the child, it is the desire of this Court that the parties may explore the possibility of a reunion keeping in mind the future

wellbeing of the child. The petitioner and the respondent are equally responsible and under an obligation to ensure a holistic development of the child

and they should focus on the child’s needs, interests, wishes and feelings. In the meantime and till the adjourned date the interim arrangement

as directed by the order dated 7th August, 2017 shall continue.

The matter stands adjourned till 3rd September, 2018.