Saibal Basu vs Sudeepta Basu

Rajasekhar Mantha, J

The petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through Video Conference.

The instant revisional application has been filed by the husband, Saibal Basu, is directed against the order dated May 28, 2020 passed by the learned District Judge (In-charge), South 24 Parganas, Alipore in Act VIII Case No. 59 of 2018, now pending before the learned Additional District Judge, 13th Court at Alipore.

Matrimonial disputes are there between the parties in the instant application.

The petitioner seeks access to his child through video calling facility. The Registry of this Court has been able to contact the opposite party- wife and this Court has spoken to the opposite party-wife in person.

The opposite party-wife has no objection to regular video calling of the husband to talk to the child preferably at 6:00 P.M. on a daily basis as far as possible.

However, the opposite party submits that she has stopped her business to take care of the child and dependent on her father, who is a Government employee. The opposite party-wife has stated that schooling expense of the child is roughly about Rs.15,000/- per month.

The petitioner-husband, Saibal Basu, shall pay a sum of Rs.15,000/-(Rupees fifteen thousand only) per month, first of which payment shall be made within a period of 48 hours.

As a pre-condition for continuation of this payment of Rs.15,000/-, the opposite party-wife shall furnish detailed receipts and fees book and other documents showing payment of the aforesaid sum of Rs.15,000/- to the School of the six year old child.

The petitioner-husband submits that name of the father has not been recorded in the School. This appears to be extremely strange.

The opposite party-wife shall ensure that the name of the petitioner, Saibal Basu, is entered as father of six years old child and if the mother has any objection in this regard, the same shall be communicated by way of affidavit to this Court.

It is made clear that in the event, the opposite party-wife is not able to justify by appropriate documentation, the school expenses of the child, on or before the next date by way of affidavit, the husband may be required by this Court to stop making any further payment.

Since the opposite party has received notice, the Registry of this Court and the petitioner shall communicate a soft as well as hard copy of this order to the opposite party and file affidavit-of-service to that effect.

Let the hearing of this matter stand adjourned and be listed twelve weeks hence before the Regular Bench when the petitioner shall file appropriate affidavit-of-service.

All parties are directed to act on a server copy of this order on usual undertakings.