HUSAIN DHARIWALA Vs. FATEMA HUSSAIN DHARIWALA AND OTHERS

JUDGEMENT

(1.) The grievance of the petitioner-father is that, by virtue of the impugned order, visitation has been granted to the father fortnightly, for three hours on two consecutive days on each occasion, at Surendra Nagar, Gujarat, where the child, along with her mother are staying.

(2.) It is argued on behalf of the petitioner that it would be difficult for the father to travel to Surendra Nagar Gujarat, fortnightly for such purpose, more so, in view of specific allegations having been raised against the brothers of the opposite party-mother, who are alleged to be of some influence in the neighborhood of the child's residence. Further allegations have been made in respect of the upbringing of the child in the hands of the mother. It is also argued on behalf of the petitioner that, visitation at Surendra Nagar, Gujarat would preclude the rest of the family members of the petitioner from seeing the child, which would be a considerable hardship for the entire family.

(3.) In controverting such arguments, learned counsel for the opposite parties raised preliminary objection as to the maintainability of the proceeding in the Alipore Judges' Court, in view of the child ordinarily residing in Surendra Nagar, Gujarat, which has to be the situs for filing the application as per law. It is further argued that there is no jurisdictional error in the order, since the baby is only two and half years old and it would be troublesome to bring her to Kolkata every time when visitation is scheduled. As such, learned counsel for the opposite parties submits that the impugned order was passed within jurisdiction and ought not to be interfered with.