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24.12.2025

Court No.06

Item no.02

CP

C.O. No. 4099 of 2025

Anirban Basak

Vs.

Piyali Basak (nee Banik)

Mr. Subrata Basak

Ms. Jayasree Ghosh

…..for the petitioner.

Mr. Shibjit Mitra

Mr. Samrat Chakraborty

…….for the opposite party.

The petitioner is aggrieved by the order

dated September 11, 2025, passed by the learned

Principal Judge, Family Court, Calcutta in Act VIII

Case No.03 of 2021. The petitioner filed a

modification application seeking custody of the

child as it is contended that the agreement arrived

at between the parties and the consent decree

passed on the basis thereof was not being obeyed

by the mother.

The learned court, with its own reasons had

come to the conclusion that the desire, interest

and welfare of the minor was crucial and of

paramount importance. The court found that the

child was reluctant to go to the father’s house. The

child was however ready to meet the father in

court or elsewhere. The petitioner/father was not

ready to go to meet the child either in court or

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outside. The court also found that the petitioner

failed to bear the expenses for the education of the

daughter as the daughter was not meeting him at

his own residence.

Under such circumstances, the prayer for

modification was disallowed, but the father was

granted liberty to meet his daughter at any place

to be decided by the parties, preferably near the

residence of the child, with the consent of the

child.

Learned advocate for the petitioner submits

that the learned court ought to have implemented

the agreement that was made part of a consent

decree.

In my view, the factual findings of the court

cannot be interfered with in judicial review, by

invoking power under Article 227 of the

Constitution of India. However, the right of the

father to visit the child cannot be curtailed.

Upon considering the findings of the learned

court, this court is of the view that at present the

father should have access to the child, but as the

child is unwilling to go to the father’s house, a

neutral venue would be ideal. The reluctance of

the child to go to the father’s house, has been

found by the court. Thus, liberty is granted to the

petitioner to file a further application for

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modification before the learned court, taking into

consideration the above factors.

For the time being, till any other order is

passed by the Family court, this court makes the

following arrangements:-

a) On every Saturday, starting from

December 27, 2025, the father will have

access to the child and meet the child at

Avani Mall, Howrah, between 4 pm to 6

pm.

b) The mother will drop the child at the

mall, in the custody of the father at 4 pm.

c) The father will enjoy the company of the

child exclusively. The child may be

entertained through games, snacks,

shopping etc.

d) The father will hand over the child to the

mother at 6 pm.

It is made clear that the parties shall not

leave the mall premises during such visit and the

mother will not obstruct or interfere with such

meeting.

The revisional application is accordingly

disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this

order.

(Shampa Sarkar, J.)