Calcutta High Court (Appellete Side)
Dr Tanmoy Mukhopadhyay vs Saswati Mukhopadhyay And Others on 17 December, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.8.
December 17, 2014.
SG CO 3965 of 2014 Dr Tanmoy Mukhopadhyay
-versus-
Saswati Mukhopadhyay and others Ms Sanghamitra Nandy Ms Maitrayee Nandy ... for the petitioner.
Mr Hiranmay Bhattacharyya Ms Shohini Chakrabarty ... for the opposite parties.
The grievance of the petitioner, who has applied under the Guardians and Wards Act, 1890 for custody of the son aged 11 and the daughter aged five, is that an application to set up a medical board to examine the mental condition of the parents of the children and of the children has been arbitrarily rejected by the court.
It appears that the application was founded on the basis of opinion obtained from medical practitioners. However, the trial court has recorded the trial court's understanding of the mental state of the mother of the children.
The opinion of the medical practitioners, subject to the rules that may be applied by the trial court, may be relied upon in course of the final hearing of the matter; but it was premature to apply for a medical board to examine the parties and the children prior to the hearing getting underway.
CO 3965 of 2014 is disposed of without interfering with the order impugned dated September 19, 2014, but by leaving the 2 petitioner free to apply afresh for the medical examination of the parents of the children after the oral evidence of both the father and the mother is concluded. This liberty does not imply that the trial court is bound to allow the application, if made; it only means that the trial court will consider such application at the relevant stage in accordance with law.
Since a previous direction has been issued by this court on October 31, 2014 in CO 3140 of 2014 for the expeditious disposal of Act VIII Case No.39 of 2013 pending before the Additional District Judge, 3rd Court at Alipore, such court is requested to adhere to the time schedule as practically feasible.
There will be no order as to costs.
Certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.) 3