Calcutta High Court (Appellete Side)
Ankana Moitra vs Santanu Moitra on 28 August, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
August 28, 2023 Sl. No.09-10 Court No.19 s.biswas CO 2644 of 2023 With CO 816 of 2023 Ankana Moitra vs. Santanu Moitra Mr. Probal Kumar Mukherjee, Sr. Adv. Mr. Debanik Banerjee Mr. Steven S. Biswas Mr. Rajib Ghosh ... for the petitioner Mr. Shiv Shankar Banerjee Ms. Sohini Adhikari Ms. Munmun Tewary Mr. A. Quraishi Mr. Tanmoy Mukherjee .... For the opposite party Both the revisional applications are taken up together as both the matters relate to custody and interim visitation of the child. The child is around 11 years old and is residing with the father. A divorce suit has been filed by the father. The father filed an application for custody. The mother filed another application for repatriation of the child to the mother and also interim visitation. The orders impugned arise out of the Matrimonial Suit No.3076 of 2021, which is pending before the learned Additional District Judge, 13th Court, Alipore, South 24 Parganas.
Another proceeding being Act VIII Case No.31 of 2022 has been filed by the mother, which is pending before the learned Additional District Judge, 4th Court, Barasat, North 24 Parganas. The prayer of 2 the father for transfer of the Act VIII case to Alipore was refused by this court.
This court has heard elaborate submissions made by the respective parties. The mother seeks interim visitation as of now. The father opposes such prayer on the ground that the child is afraid of the mother and is suffering from mental health problems on account of the alleged torture inflicted by the mother, in the past.
Reliance has been placed on various prescriptions of the psychiatrist, who is treating the child.
Mr. Mukherjee, learned Senior Advocate, submits that this court should not be influenced by the prescriptions. The veracity of those have not yet been tested. Mr. Banerjee, learned advocate appearing for the father, submits that there is no reason to doubt the prescriptions, which have been prepared by a medical expert who has been treating the child since long.
Mr. Banerjee also refers to various observations of the learned Additional District Judge, 13th Court, Alipore, in order to demonstrate the resistance and the animosity, the child felt towards the mother. Such observations have been recorded by the learned court below.
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It is also on record that the child was allowed to meet the mother at New Town Business Club by order of the court on an earlier occasion.
Having heard the learned advocates for the respective parties, this court is of the view that an interim arrangement should be made by the court to enable interim visitation by the mother under the supervision of an independent person. The child was undergoing treatment even when the parents were together.
Under such circumstances, this court appoints Ms. Sanghamitra Nandy, learned advocate of this court as the special officer in this case. Mr. Nandy shall facilitate, supervise and monitor the periodical interaction between the mother and the child at a neutral location. Such location, for the time being, is fixed as City Center-I, Salt Lake.
Such visit shall commence from September 2, 2023 and continue upto October 1, 2023. The time for such interaction is fixed on every Saturday between 4:30 p.m. and 5:30 p.m. and on every Sunday between 11:30 a.m. and 1:30 p.m. Ms. Nandy shall supply her phone numbers to the learned advocates for the respective parties. The learned advocates on record for the both the parties will coordinate with Ms. Nandy, with regard to the visitation. No notice is required to be issued by the 4 learned special officer upon the parties. This court has fixed the time and date. The father will hand over the child to Ms. Nandy at the Time Zone area, near the Cross Words book store. The father shall wait at a different area, but within the complex of City Centre-I, Salt Lake. Ms. Nandy shall hand over the child to the mother at the Time Zone of City Centre-I, Salt Lake. The mother and the child shall enjoy at the play area, food court, etc. Ms. Nandy shall keep a close watch.
For the time being, a consolidated remuneration of Rs.30,000/- shall be paid to Ms. Nandy. Out of the total remuneration, Rs.20,000/- shall be borne by the father and Rs.10,000/- shall be borne by the mother.
This is an interim measure adopted by the court, to ascertain how the visitation and interaction between the mother and the son progresses. It is important that the bonding takes place. The matter will appear before this court under the heading 'To Be Mentioned' on October 5, 2023. Ms. Nandy shall file a short report on the returnable date indicating how such arrangement worked. The apprehension of Mr. Mukherjee, learned senior advocate, that the child will be shifted from the jurisdiction of learned Barasat court, is not well founded as the child is going to the school at New 5 Town and directions have been passed by this court with regard to how interim visitation by the mother. Thus, it is not possible for the father to remove the child to any other location.
Parties shall cooperate and the learned Advocates on record shall only communicate with Ms. Nandy, if required.
Strict compliance of this order is expected. All proceedings before both the courts below are stayed till January 31, 2024 or until further orders, whichever is earlier.
(Shampa Sarkar, J.)