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Judgment
11 paragraphs · 395 words@JUDGMENT-JUDGMENT
Review is sought of the order dated 5th June, 2020. In the said order this Court had, based on the submissions made in-person over the telephone by the opposite party/wife, Sudeepta Basu directed the petitioner/review applicant/husband, Saibal Basu to pay sum of Rs.15,000/- (Rupees Fifteen thousand) only per month towards maintenance of the only child, Sankha Basu. The amount was intended to cover educational expenses and personal expenses of the child. Suitable documents in support of such claim were to be furnished by the opposite party/wife to the court below.
It is submitted by counsel for the opposite party/wife that she could not submit the documents as directed in the order in view of bereavement of sister- in-law.
It is submitted by counsel for the review applicant that the opposite party/wife has prevented the access to the child and misbehaved with the husband.
Admittedly, there no divorce proceedings have been initiated till date. Proceedings under the Guardians and Wards Act, 1890 are pending in the court below. There are also proceedings pending under Section 498A of the Code of Criminal Procedure against the applicant.
This Court is of the view that the order in review has not been respected by the opposite party/wife. She would therefore not be entitled to any sum of money as directed in the order dated 5th June, 2020.
Counsel for the opposite party has been informed that the husband would visit the child today at 5.00 p.m. The court below has already directed visitation rights to the husband twice in a week. This Court is of the view that the order dated 17th April, 2019 passed by the Additional District Judge, 15th Court, Alipore may be modified to allow physical visitation rights to the review applicant/husband once in a week and access by video calling facility or telephone at the mutual convenience of the parties. The opposite party/wife shall co-operate in facilitating such process The payment of any maintenance amount to the opposite party/wife and the child shall abide by any order that has already been passed or may be passed by the court below.
The order is modified to the above extent.
The review application is disposed of.
In view of disposal of the review petition, connected applications are also disposed of.
All parties are to act on a server copy of this order on the usual undertakings,.