SRI SAUROV KUMAR MANDAL Vs. SMT. MADHURA MANDAL

JUDGEMENT

(1.) The opposite party is appearing in person. She hands over the Compact Disc (CD) in compliance of an order dated 17th June 2016. Let the same be kept on record. The contempt application has been taken out alleging the violation of an order dated 13th October 2015 by which this Court by way of an interim arrangement permitted the father/petitioner herein to visit the child at the residence of the mother on every weekend for two hours with prior intimation to the mother. It was further ordered that during the three auspicious days of Durga Puja, namely, Saptami, Astami and Nabami, the father could take the child from the mother but shall return the child to the mother within six hours from the time of taking the child, which would not exceed beyond 9 p.m. on those days.

(2.) It is alleged in the contempt application that an intimation was given that an order has been passed and asked the mother to fix the time so that the father could take the child with him during those three auspicious days. The electronic correspondences exchanged between the parties indicate that the mother wanted the father to produce the copy of the order dated 13th October 2015 as her advocate has not given her the copy of the said order.

(3.) The fact remains that father was not allowed to take the child during the three auspicious days, which led the filing of the instant contempt application. The mother was represented by a lawyer. Later on she withdrew such authority. She was further advised to take assistance from the Legal Aid Committee of this Court and after taking such assistance she could not keep the trust and confidence on the appointed lawyer who later on seeks leave to withdraw. The opposite party thereafter decided to present her case before the Court in person. She was asked to file affidavit against the allegations made in the contempt application. Such affidavit was filed on the last occasion. This Court thought that the father should visit the child and accordingly appointed the Special Officer to avoid any unnecessary altercation and/or interference during the visitation by the father.