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AD -2

Ct No.16

24.12.2025

(SSS)

FMAT 521 of 2025

With

CAN 1 of 2025

Mrs. Manjari Bhattacharjee

Vs.

Mr. Nirvik Banerjee

Mr. Sabyasachi Chatterjee,

Mr. Pintu Karar,

Mr. Sabab Uddin Naskar,

Mr. Sourav Roy,

Ms. Meghna Chowhdury, Advs.

….For the appellant.

Md. Manuwar Ali, Adv.

….For the Opposite Party no. 1.

1. Leave is granted to the learned advocate-on-

record for the appellant to rectify the preamble of

the memorandum of the present appeal by

incorporating the name of the presiding Judge of

the Trial Court during the course of the day.

2. The appellant/mother contends through

counsel that the minor son of the parties, who is

aged about 6 years and lives with his mother, is

suffering from “Autism Spectrum Disorder” (ASD).

As a result of SUCH condition, the minor is

unable to chew his food by himself and has to

swallow the food directly.

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3. In such backdrop, the respondent/ father

applied under Section 12 of the Guardians and

Wards Act for custody of the son, on the ground

that he has arranged for admission of the child to

the Apeejay School at Salt Lake, which is

equipped with teachers qualified to take care of

children with special needs, and has also enrolled

his son at an institute called ‘Nanhe Care’, located

at Lake Town, for other supporting activities like

occupation therapy etc. which are helpful in

developing the essential skills in persons

diagnosed with ASD such as the minor son of the

parties, on the advice of a qualified psychiatrist.

4. However, learned counsel for the appellant/

mother submits that in view of the condition of

the minor, who is entirely dependent on his

mother for being fed be her at every meal,

visitation rights as given to the father by way of

custody during the weekends would be directly

detrimental to the welfare of the child and the

appellant apprehends that the child may face

serious issues in the event he is not fed properly

while under the custody of the father.

5. Learned counsel appearing for the

respondent/father controverts such allegations

and submits that at least visitation rights ought

to be given to the father, even if at the place of the

appellant/mother.

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6. That apart, learned counsel for the

respondent/ father argues that the arrangements

made by the father are elaborate, taking into

consideration the needs of differently-abled

persons.

7. Upon hearing learned counsel, we find that

although the intention of the father is definitely

attuned to the welfare of his son, the manner in

which visitation of the minor son has been

abruptly given over the entire weekends to the

father might have serious adverse consequences

on the child, keeping in view the condition of the

child, who is utterly dependent on his mother for

every little need.

8. We find prima facie that the said visitation

order would not enure to the benefit of the child,

at least without taking appropriate reports from

proper medical experts/psychiatrists and/or

psychologists as to what could be the modalities

to be adopted by the appellant/father, even if

visitation is granted to him, and without

satisfaction being recorded by the learned trial

Judge on the count that the appellant/father has

the infrastructure in place to give proper round-

the-clock expert care to the child during the

child’s stay at the father’s residence over the

weekends. At least, we do not find anything and in

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that regard having been recorded in the impugned

order.

9. Thus, a prima facie strong case for hearing the

appeal on merits has been made out.

10.Accordingly, the operation of the impugned

order, bearing order no. 7 dated December 15,

2025 passed by the learned Additional District

Judge, Seventh Court at Barasat, District - North

24 Parganas in Miscellaneous Case No. 99 of 2025

(Act VIII), is stayed till January 16, 2026 or until

further order, whichever is earlier. The appeal is

admitted and shall be heard on the above grounds

and the other grounds taken in the memorandum

of appeal.

11.The application, bearing CAN 1 of 2025, shall

be listed fairly at the top of the list, under the

heading “Spe