Calcutta High Court (Appellete Side)
Madhulika Das Nee Gupta vs Tapan Das on 18 June, 2015
Author: Harish Tandon
Bench: Harish Tandon
16 18.06.15 C.O. 1213 of 2015
akd
With
CAN 5274 of 2015
Madhulika Das nee Gupta
Vs.
Tapan Das.
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Mr. Shibaji Kumar Das, Ms. Deblina Lahiri.
... for the petitioner.
Mr. Kamalesh Chakraborty.
... for the opposite party.
The challenge is made to the order no.5 dated 18th March, 2015 passed by the learned Additional District Judge, Kalyani, Nadia in Matrimonial Suit No. 345 of 2014, by which an application seeking visitation right is disposed of on consent.
Learned advocate of the petitioner submits that though his client admitted the visitation right of the husband, but never consented for temporary custody of the minor child in the manner as indicated in the impugned order. The attention of this Court is drawn to the statements made in paragraph 12 of the said application in this regard.
Once an order is passed on consent and if an aggrieved party challenges that there was no consent, he has to approach the same Hon'ble Judge promptly before the event happened before him fades from his memory. The higher forum seldom interfere with the order passed on consent merely on saying of the aggrieved party that there was no consent at all.
Since the remedy of the petitioner is to approach the Trial Court with a substantive application agitating the plea raised in this revisional application, this Court cannot merely on the statement of the petitioner that there was no consent given at the time of passing the impugned order set aside the impugned order.
The petitioner is at liberty to take out an application in this regard before the Trial Court and if made, the Trial Court shall decide the same independently without being swayed by the fact that this Court decline to interfere with the impugned order.
The revisional application is thus disposed of. In view of the disposal of the revisional application, the connected application, being CAN 5274 of 2015, is also disposed of.
There will be no order as to costs.
(HARISH TANDON, J.)