GAHC010237502025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/3618/2025

MONMEE SENAPATI

W/O SRI ROHIT DUTTA MEDHI PRESENTLY RESIDING AT HOUSE NO 926

10TH BYE LANE GREEN LAND PATH DR ZAKIR HUSSIAN PATH SORU

MOTORIA UNDER DISPUR PS GUWAHATI 36 ASSAM

VERSUS

ROHIT DUTTA MEDHI

/O SRI MONTOSH DUTTA MEDHI PERMANENT R/O HOUE NO 106

HATIGAON BHETAPARA ROAD HATIGAON PS HATIGAON GUWAHATI 38

ASSAM PRESENTLY RESIDING AT FLAT 1803 TOWER B IITL NIMBUS HYDE PARK GH 03 SECTOR 78 NOIDA GAUTAM BUDH NAGAR UTTAR PRADESH

Advocate for the Petitioner : DR. N BAROOAH,

Advocate for the Respondent : , Linked Case : CRP(IO)/231/2025

MONMEE SENAPATI

W/O SRI ROHIT DUTTA MEDHI PRESENTLY RESIDING AT HOUSE NO 926

10TH BYE LANE GREEN LAND PATH DR ZAKIR HUSSIAN PATH SORU

MOTORIA UNDER DISPUR PS GUWAHATI 36 ASSAM

VERSUS

SRI ROHIT DUTTA MEDHI

S/O SRI MONTOSH DUTTA MEDHI PERMANENT R/O HOUE NO 106

HATIGAON BHETAPARA ROAD HATIGAON PS HATIGAON GUWAHATI 38

ASSAM PRESENTLY RESIDING AT FLAT 1803 TOWER B IITL NIMBUS HYDE PARK GH 03 SECTOR 78 NOIDA GAUTAM BUDH NAGAR UTTAR PRADESH ------------

Advocate for : DR. N BAROOAH Advocate for : J DAS appearing for SRI ROHIT DUTTA MEDHI BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

DATE : 09.12.2025

1. Heard Dr. N. Barooah, the learned counsel for the applicant. Also heard Mr. P. Choudhury, the learned counsel for the respondent.

2. The applicant Smt. Monmee Senapati and the respondent Shri Rohit Dutta Medhi had also appeared in-person before this Court and an interaction was held in the chamber on 05.12.2025 in pursuant to the order dated 24.11.2025, whereby this Court made an effort for settlement under Order XXXII A Rule 3 of the Code of Civil Procedure, 1908.

3. This Interlocutory Application has been filed by the applicant, namely, Smti Monmee Senapati, in connection with CRP (IO)/231/2025, praying for her visitation rights by allowing her son Master Kairaav Dutta Medhi to stay with her for at least 15 days during the ensuing school winter vacation commencing from 20.12.2025 till 10.01.2026.

4. It is pertinent to mention herein that the connected Civil Revision Petition No. (IO)/231/2025 has been filed by the present applicant under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908, impugning the Order dated

16.06.2025 passed in Misc. (G) Case No.192/2024 by the learned Principal Judge, Family Court No. III, Kamrup(M), Guwahati whereby the prayer for allowing her elder son Master Kairaav Dutta Medhi to spend at least 15 days, by staying with her, during the summer vacation (from 26.05.2025 to 30.06.2025) was rejected.

5. The applicant and the respondent are wife and husband in relationship, however, the respondent husband has filed a divorce suit against the applicant wife under Section 27 (D) of the Special Marriage Act, 1954 in the Court of learned Principal Judge, Family Court, Gautam Budh Nagar, Noida, Uttar Pradesh along with an application under Section 38 of the Special Marriage Act, 1954 seeking custody of their minor elder son Master Kairaav Dutta Medhi.

6. The aforesaid divorce suit was transferred by the Apex Court to the Court of the learned Principal Judge, Family Court No. III, Kamrup (M) on the basis of a Transfer Petition filed by the present applicant before the Apex Court. Upon transfer of the said case to the Court of the learned Principal Judge, Family Court No. III, Kamrup(M) Guwahati, the divorce suit was re-numbered as FC (Civil) Case No. 1307/2024 and the custody matter was re-numbered as Misc. (G)Case No. 192/2024.

7. It is pertinent to mention herein that before transfer of the aforesaid case to the Court of the learned Principal Judge, Family Court No. III, Kamrup(M) Guwahati, the Court of learned Principal Judge, Family Court, Gautam Budh Nagar, Noida, by its order dated 19.04.2024, had directed to continue the interim custody of Master Kairaav Dutta Medhi with the respondent (his father) till 13.05.