Calcutta High Court (Appellete Side)
Harshita Bhasin vs Mukul Bhasin And Others on 5 March, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
5.3.2019
10
md.
FMAT 163 of 2018
With
CAN 6793 of 2018
Harshita Bhasin
Vs.
Mukul Bhasin and others
Mr. Joydip Kar
Mr. Billwadal Bhattacharyya
Mr. Debanik Banerjee
Mr. Sayak Chakraborti
.. for the appellant
Mr. Aniruddha Chatterjee
Mr. Surya Prasad Chattopadhyay
Mr. Ashok Bose
Ms. Nasreen Khan
.. for the respondents
The matter pertains to the custody of two children, said to be aged about 11 and 8. The children are with the father in Delhi. The immediate purpose of the order is to ensure that the mother, who is in Calcutta, can meet the children.
Pursuant to a prayer made last month on behalf of the mother for the mother to visit her children in Delhi, no order was passed by the Court 2 since it was submitted on behalf of the father that the mother would be allowed to meet the children on February 23, 2019 in accordance with the arrangement previously put in place by a Supreme Court order.
In view of the fair stand taken on behalf of the father of the children at that stage, no specific order was passed by this court since orders indicating the rights and setting down the do's and dont's hinder the meetings more than they help.
However, it was reported by the mother that despite the father providing the money for the mother to travel to Delhi and back, the mother was not permitted to meaningfully meet the children at the offices of the Delhi lawyers of the father. An affidavit has been filed on behalf of the mother in such regard, indicating that the father's parents were present and there were untoward incidents even during the brief attempt of the mother to interact with her children.
An affidavit has been filed on behalf of the father to deal with the mother's affidavit pertaining to what transpired in Delhi on February 23, 2019. 3
Without going into the unnecessary and unpleasant details of the previous failed attempt, it is necessary to ensure that the mother gets to meet the two children for some length of time in the near future. The father has flown down from Delhi and is present in Court. Upon the court proposing that the father should accompany the children to Calcutta some time next week over the four-day holidays around Holi, it is submitted on behalf of the father that the father would bring the two sons down to Calcutta on the morning of March 23,2019 and leave by the evening of March 24, 2019, with the mother being afforded sufficient time on both the days to meet and interact with the children.
At the suggestion of the Court, the parties have agreed that Mr. Siddhartha Banerjee, Advocate, be appointed Special Officer for the purpose of overseeing the mother's interaction with the children. The Special Officer is so appointed. It is needless to say that the Special Officer will exercise his discretion while discharging his duties and be as inconspicuous as possible. However, if there is any untoward incident pertaining to the children' s 4 reluctance to interact with the mother or to be with her, the Special Officer will decide, always keeping the interest of the children in mind, and reminding himself that it is possible that children of such impressionable age may have been tutored by the parent in whose custody they may be living.
The children will be brought by the father to the Kankurgachi chambers of Mr. Aniruddha Chatterjee, Advocate appearing for the father, who has graciously agreed to allow the use of his chambers for such purpose. The father will not be present when the mother interacts with the children and the interaction will be only under the supervision of the Special Officer, preferably from outside the room or at a distance therefrom. If the meeting is successful or the atmosphere is congenial, the mother and the children, together with the Special Officer, may move to any mall or restaurant or like place as may be suggested by the mother and at the discretion of the Special Officer.
The children should be brought to Mr. Chatterjee's chambers by around 11.30 am on March 23, 2019 and it would be the Special Officer's 5 endeavour to ensure that the children are comfortable enough with the mother to interact with her for some time before moving over to a mall or restaurant for lunch with the mother. The children should return to Mr. Chatterjee's chambers by around 3 pm (extendable by an hour at the Special Officer's discretion) for the father to collect the children from such place.
The parameters of the Special Officer's authority need not be spelt out. However, the Special Officer will keep the father informed as to the place where the mother may be taking the children and it will also be open to the father to be near about the place or the locality without the father, in any manner, attempting to interfere with the children's interaction with the mother or doing anything contrary to what is asked of him by the Special Officer.
If the attempt is successful, it will be repeated on March 24, 2019 in a similar manner. If the experience of March 23, 2019 is not upto the Special Officer's expectations, a more truncated visit may be organised on the following day, but a second attempt 6 must necessarily be made, whatever be the outcome of the meeting of March 23, 2019.
The Special Officer will be paid an initial remuneration of 1000 GM by the father, at the first instance. The final or further remuneration of the Special Officer will be considered later.
The Special Officer should file a short report of no more than a page or so when the matter appears next on March 26, 2019.
Certified website copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Sanjib Banerjee, J.) (Suvra Ghosh, J.)