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2008 Supreme(Cal) 953

BISWANATH SOMADDER
Chandan Nandy – Appellant
Versus
Chandra Nandy – Respondent


Advocates Appeared:
Utpal Bose, Jayashree Banerjee, Dwijadas Chakraborty for the petitioner;
Probal Kumar Mukherjee, Suhrid Sur for the opposite party.

JUDGMENT

1. This application is primarily directed against an order, being Order No.4 dated 19th June, 2008 passed by the learned District Judge at Alipore, District - South 24-Parganas in Act VIII Case No. 87 of 2008.

2. The petitioner in the instant application is the adoptive father of a nine-year-old girl child, named Devdatta. The opposite party is the adoptive mother.

3. The impugned order passed by the learned Court below emanates from an application filed by the petitioner father on 17th June, 2008 inter alia praying for access. By the order impugned, the learned Court below granted the adoptive father visitation right to see Devdatta at her adoptive mother's place on every alternate day in-between 8-00 a.m. to 8-00 p.m., barring the school hours of the minor Devdatta, for a period of two hours till further order. It transpires from a plain reading of the impugned order that so far as access given to the father to visit Devdatta is concerned, the same was agreed upon by the learned Advocates representing both the parties before the learned Court below. It, however, appears that a dispute arose as to the place of visitation. Taking into consideration of the submissions made by


























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