SOMNATH DAS Vs. SHEOLI HATI

JUDGEMENT

(1.) Challenging order dated 11.07.2013 in Guardianship Case No. 11 of 2012, the petitioner has filed the present writ petition.

(2.) It appears that vide order dated 08.06.2012, the learned Principal Judge, Family Court, Jamshedpur in G.C. Case No. 11 of 2012 dismissed the petition filed by the petitioner, against which the petitioner approached this Court in W.P.)(C) No. 4753 of 2012. Vide order dated 7.05.2013 the matter was remitted back to the Trial Court for taking a decision afresh on the petition dated 28.10.2011 filed by the petitioner. It is submitted that the petitioner is presently working at Bengaluru in a Multi National Company and the daughter namely, Aditi Bishakha Das is presently residing with the respondentwife and her family. It is alleged that the daughter of the petitioner is subjected to be atrocity, mentally harassment, poisoning of mind etc. against the petitioner and it would have adverse impact on psychological and mental development of the child. It is further submitted that the visitation right granted to the petitioner for 3 hours is not sufficient and in fact, by the act of the respondentwife even the visitation period of 3 hours has been made ineffective and the petitioner would have no meaningful interaction with the daughter. The mind of the daughter of the petitioner is so poisoned that she does not even address the petitioner by saying Papa or father. The case is pending since long and it does not appear that it would be decided in near future and therefore, order dated 11.07.2013 is required to be modified to the extent that the petitioner should be granted visitation right on last Sunday of every Month.

(3.) The learned counsel for the respondent refers to the proceeding in 19.12.2009 before the Jharkhand State Legal Services Authority and submits that before the JHALSA, the parties agreed that the petitioner would meet the child once in every two month between 10.30 a.m. to 12.30 a.m. The respondent moved the Honourable Supreme Court in Transfer Petition (Civil) No. 1277 of 2011 seeking transfer of Suit No. G.& WC No. 225 of 2011 from the Family Court at Bengaluru to Family Court, Jamshedpur and vide order dated 27.03.2012 the case was transferred at Jamshedpur. The Honourable Supreme Court has directed the Trial Court to decide the suit expeditiously and preferably within a period of nine months however, it has yet not been concluded due to dilatory tactics of the petitioner. Both the parties have now examined their witnesses and the statement of the child namely, Aditi Bishakha Das has also been recorded by the Trial Court. The matter is fixed today for the report of the doctor and after the report is received the case would be fixed for final argument. In these facts, the order impugned by the petitioner does not require interference by this Court.