Rishi Agarwal vs Dipika Agarwal Nee Khaitan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1339

BISWAROOP CHOWDHURY
Rishi Agarwal – Appellant
Versus
Dipika Agarwal Nee Khaitan – Respondent

Advocates:
Advocate Appeared:
For the petitioner: Mr. Uday Gupta, Sr. Adv., Ms. Bishalaxmi Ghosh, Adv., Mr. Amit Bikram Mahata, Adv.
For the opposite party : Ms. Amrita Mitra, Adv., Mr. Arindam Paul, Adv., Ms. Debarati Das, Adv., Ms. Jayeeta Das, Adv., Ms. Dipannita Dutta, Advs.

Table of Content
1. factual background of the marital relationship and custody dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. history of legal proceedings regarding custody. (Para 8 , 9 , 10)
3. further legal actions regarding custody and jurisdiction issues. (Para 11 , 12 , 13 , 14)
4. petitions filed in response to previous judgments. (Para 15 , 16 , 17)
5. petitioner's arguments regarding the child's welfare. (Para 18 , 19 , 21)

JUDGMENT :

Biswaroop Chowdhury, J.

This revisional application is directed against the order No-51 dated 11.04.2023 passed by Learned Additional District Judge 10th Court at Alipore 24 Parganas (s) in Act VIII case No-17 of 2019, in an application under Section12 of the Guardians and Wards Act read with Section 151 CPC and Order XXXIX Rule 1 and 2 CPC filed by the petitioner/father Rishi Agarwal. The Learned Trial Court by Order dated 11.04.2023 was pleased to reject the prayer for temporary/interim custody of the child made by the petitioner.

The Petitioner being aggrieved by the order of the Learned Trial Court has come up with the instant application.

The case of the petitioner may be summed up thus.