Sukanya Roy vs Saurabh Ghosh S/O. Late Pavithra Kumar Ghosh

M.G.S. Kamal, J

The petitioner is before this Court though challenging the order dated 29.08.2023 by which the III Additional Principal Judge, Family Court had directed the respondent to allow minor child - Aryahi Ghosh to be with the father - the respondent herein on every Saturday from 4.00 p.m. to Sunday 6.00 p.m., Learned counsel for the petitioner submits that he is seeking indulgence of this Court to a very limited extent. He further submits that the petitioner has been complying with the order passed by the Family Court. However, presently the minor child and the petitioner are at Jamshedpur attending to ailing mother of the petitioner for the past one week and the petitioner would not be in the position to comply with the order of the Family Court in the next weekend.

He further submits that if the petitioner is permitted to retain the minor child at Jamshedpur for this weekend, the petitioner would allow and accommodate the minor child to be kept in interim custody of the respondent for two days commencing from Friday to Sunday for two weekends.

In response, learned counsel appearing of the respondent submits that the petitioner has already defaulted once in complying with the direction of the Family Court and that apart, a contempt proceedings is also pending consideration against the petitioner. However, on instructions from the respondent, who is present before the Court further submits that, if the petitioner is put to terms, the respondent may not have objection in petitioner retaining the child for this week end.

The submission is taken on record.

As already noted, learned counsel appearing for the petitioner on instructions submitted that if the child is permitted to stay back at Jamshedpur this week end, the petitioner would allow and accommodate the respondent to have the interim custody of the child for two days on the next two week ends i.e. commencing on 05.01.2024 to 07.01.2024 and 12.01.2024 to 14.01.2024, with the same timings as directed by the Family Court.

The aforesaid submission made on behalf of the petitioner on instruction is taken as an undertaking to this Court making it very clear any violation or non compliance of the same would result in initiation of appropriate proceedings against the petitioner for the disobedience of the orders of this Court.

With the above observations, the petition is disposed of, permitting the petitioner to retain the minor child for the weekend commencing on 30.12.2023.