Tanmoy Dutta 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 petitioner seeks visitation rights to his child by video calling, who is a three year son. He submits that the son is living with the mother in a COVID-19 red zone area in Hooghly. He further submits that he wishes to bring his child and keep with himself until red zone is lifted at the mother's place.

Counsel for the mother is present and submits that while the father is paying maintenance to the child, he has seriously defaulted in paying maintenance to the mother. A sum of Rs.57,000/- is due and payable by the father to the mother, which this Court finds deplorable.

In those circumstances, the petitioner shall pay a sum of Rs.25,000/-(Rupees twenty five thousand only) within 24 hours to the mother towards arrears of maintenance. The balance sum of Rs.32,000/- (Rupees thirty two thousand only) shall be paid on or before 9th June, 2020.

It is only upon payment of the said sum of Rs.57,000/- that the petitioner shall be entitled to communicate with the child by video calling. In so far as the shifting of the child from the mother's place which is in a COVID-19 red zone, this Court is the view that unless the child or mother or any of the family members develops any symptom duly certified by the Medical Authorities, the question of shifting of the child cannot arise.

For the above purpose, the child and the mother may undergo a medical test to determine whether they have been affected by COVID-19 or are likely to be so afflicted. The Medical Certificate to that extent shall be produced at the cost of the petitioner-husband. The said Certificate shall also be furnished to the opposite party-wife.

The parties may, based on Medical Certificate, approach the Court below for a suitable order, if necessary for shifting the child from the mother's custody to the father that too only for the period during which the mother's residence shall remain a red zone.

Needless to mention, in default of making payment, any amount as indicated hereinabove, the instant revisional application shall stand automatically dismissed and the petitioner-father shall have no visitation rights to the child.

Counsel for the opposite party shall furnish the Bank Account details including IFSC Code to the Counsel for the petitioner to facilitate payment as indicated hereinabove.

If the aforesaid terms are complied with in addition to the visitation rights granted by the Court below, the petitioner shall be entitled to video call his child through the help of the mother as frequently as possible subject to availability of network.

Let the hearing of this matter stand adjourned and be listed twelve weeks hence before the Regular Bench.

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