IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Hiranmay Bhattacharyya C.O. 1240 of 2025 Rishi Agarwal Vs.

Dipika Agarwal nee Khaitan For the Petitioner : Mr. Uday Gupta, …Sr. Advocate Mr. Rohan Dwaipayan Bhowmick Ms. Ankita Dey ….. advocates For the Opposite Party : Ms. Amrita Mitra Mr. Arindam Paul Ms. Dipannita Dutta …. advocates Reserved on : 28.04.2025 Judgment on : 22.05.2025 Hiranmay Bhattacharyya, J.:-

1. This application under Article 227 of the Constitution of India is at the instance of the father of a minor child and is directed against an order being No. 88 dated 20.03.2025 passed by the learned Additional District Judge 10^th Court at Alipore, District- 24 Parganas (South) in Act VIII Case no. 17 of 2019. By the impugned order, the application filed by the father on 22.01.2025 was allowed; the application dated 27.01.2025 filed by the petitioner father stood rejected and the 3^rd application filed by the petitioner father on 28.01.2025 was disposed of.

2. Petitioner filed a suit for divorce against the opposite party herein before the learned Additional District Judge, 24 Parganas (South) at Alipore being MAT no. 246 of 2019. Subsequently, the petitioner filed an application under Section 25 of the Guardians and Wards Act, 1890 before the learned District Judge, 24 Parganas (South) at Alipore which is registered as Act VIII case no. 17 of 2019.

3. In the said Act VIII proceedings, the petitioner filed an application under Section 12 of the Guardians and Wards Act. The petitioner claims that in compliance with the final judgment and order dated 13.03.2023 passed in CO No. 755 of 2019, CO 528 of 2020 and CO 543 of 2020, petitioner took on rent the property being plot no. 1B on the first floor of the building situated at 25 Ballygunge Circular Road, Kolkata- 19. The petitioner prayed for temporary custody of the child. The learned Additional District Judge, 10^th Court at Alipore by an order being no. 51 dated 11.04.2023 rejected the prayer for temporary /interim custody of the child. Challenging such order the petitioner approached this Court by filing a Civil Application under Article 227 of the Constitution of India which was registered as CO 1389 of 2023. The said Civil Revision Application was disposed of by a co-ordinate bench by order dated 24.05.2024 by passing certain directions thereby modifying the order dated 11.04.2023 with regard to visitation and stay of the child with the petitioner during vacation and on some other occasions.

4. The petitioner filed an application before the learned Trial Judge on

22.01.2025 praying for an order allowing the petitioner to terminate the lease deed dated 23.03.2023 for the property being plot no. 1B and to allow the child to stay at the residence of the petitioner at 60 Balllygunge Circular Road, 6^th floor with the petitioner and the grand- parents during the visitation to Kolkata.

5. The petitioner filed another application on 27.01.2025 praying for a direction upon the opposite party to hand over interim custody of the child to the petitioner.

6. On 28.01.2025 the petitioner filed another application praying for an order to take cognizance of the acts and events that allegedly took place in the Court room on 27.01.2025 and for a further direction for physical examination of the child and mental evaluation of the child by a Doctor and a child psychologist in a Government Hospital at Kolkata and a report thereof be placed on record.

7. By the order impugned the application dated 21.01.2025 was allowed; the application dated 27.01.2025 stood rejected and the 3rd application dated

21.01.2025 was disposed of.

8. Mr. Gupta, learned Senior Advocate appearing for the petitioner submitted that the petitioner herein only prayed for allowing the petitioner to terminate the lease in respect of the rented property and to allow the child to stay at the residence of the petitioner during the visitation at Kolkata and there was no prayer for