01.08.2025 K.S.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI C.P.A.N. 31 of 2025 In C.O. 15 of 2025 Shri Bibhash Dhar -Versus-

Mrs. Payaswini Dey Mr. Ajay Singhal Mrs. Heera Yasmin Shaikh …..For the Petitioner Mr. Sandip Mondal Mr. Amit Saha …..For the O.P./Contemnor Both the learned counsel appearing on behalf of the parties are present.

One undertaking in the form of an affidavit has been filed today before this Court on behalf of the alleged contemnor. The same be kept with the record.

This contempt proceeding arose out of an application inter alia filed by the petitioner alleging, , that the order of this Court passed in connection with C.O. No.15 of 2025 was not complied with by the alleged contemnor.

Learned counsel appearing on behalf of the alleged contemnor has denied the allegation of non-compliance of order of this Court. However, one affidavit has been filed with an undertaking to comply the order of this Court passed in connection with C.O. No.15 of 2025.

After hearing both sides as well as documents annexed with the contempt application, it appears that the learned Additional District Judge, 1st Court at Siliguri disposed of one Misc. Judicial (Act VIII), Case No.2(9) of 2024 under Sections 7/10 read with Sections 25/12 of the Guardians and Wards Act, 1890.

Considering the submissions advanced by the learned counsel appearing on behalf of the parties, learned Trial Judge disposed of the application allowing the petitioner/husband to meet his minor daughter twice in a month i.e. 1st Sunday and 3rd Sunday for a period of one hour from 12 p.m. to 1 p.m. in the online mode through Whatsapp video call.

That order was assailed before this Court in C.O. 15 of

2025 wherein the venue and time of visitation were modified.

It is reported that there is no litigation pending save and except one F.I.R. lodged by the alleged contemnor.

After hearing both sides as well as learned counsel appearing on behalf of the parties, I find that there is an element for mediation and in these circumstances, I find it necessary to refer the dispute to mediation while keeping this contempt application pending.

Thus, this Court having been conferred by the parties and having determined that there is an element for mediation, directs that parties alongwith their respective counsel should attend before the learned Registrar/Ex-officio Member mediation.

requested to appoint one trained Mediator for that purpose accordingly.

Parties alongwith their respective counsel shall report before the learned Registrar of this Court on 7^th August, 2025 at 12 noon and thereafter, learned Registrar will make all necessary arrangements for appointment of Mediator.

If it is not possible on the date so fixed, future date may be fixed by the learned Mediator convenient to the parties.

The appointed Mediator, shall be at liberty to take assistance of one expert in the field of Child Psychology, if deemed necessary.

I also make it clear that if a settlement agreeable to the parties is reached, the terms shall be recorded by the learned Mediator and signed by the parties alongwith their counsel and returned back to this Court for appropriate order.

If no settlement is reached, neither the parties, the counsel nor the Mediator may disclose to this Court anything that was discussed at the time of mediation.

Upon completion of the mediation process, parties are at liberty to mention for listing the matter.

Let a copy of this order be communicated to the information and compliance.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)