HIGH COURT OF TRIPURA

AGARTALA

IA No. 2 of 2023

in Crl. Petn 22 of 2023 (DO)

For Applicant (s)

: Mr. B. N. Majumder, Sr. Advocate.

Mr. S. Lodh, Advocate.

Mr. D J Saha, Advocate.

For Respondent(s)

: Mr. P Roy Barman, Sr. Advocate.

Mr. S. Bhattacharjee, Advocate.

Mr. D. Paul, Advocate.

HON’BLE MR. JUSTICE T. AMARNATH GOUD

ORDER

23.11.2023

This is an application detailing the circumstances faced by

the petitioners in complying with the order dated 12.10.2023 passed by

this court.

Heard counsel for the parties.

This court by the order dated 12.10.2023 has observed in

the following manner:

Thus, the custody of the child should be with both the parents

and accordingly, (i) Monday, Thursday and Friday will be with the

father since the child is attending the school including night stay

(ii) Saturday after school and Sunday, the custody will be with

the mother since the mother is staying at Agartala at her parental

home. Mother will pick up the child and drop at residence of the

petitioner without affecting the school timings (iii) on all holidays

they share their times equally and on vacation also to be shared

equally by both the parents (iv) on birthday of the child, morning

to evening 4.00 O’clock the child will be with one parent and after

4.00 O’clock the child will celebrate her birthday with the other

parent. In the event, if both the parents wish to celebrate

birthday of the child together at a time and at a place as per her

wish, they are at liberty to do so. The father shall bear the

education and medical expenses of the child and shall take care.

It is represented by the counsel for the applicant-petitioners

that they have given their heartfelt endeavors and efforts to convince

the minor girl to live with her mother for some tie but the minor girl is

not ready to concede to such request rather starts crying in anger

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whenever any such requests are made to her. As such, the petitioners

are in a helpless condition now and hence approached this court for

remedy.

This court is of the considered opinion that while disposing

of the criminal petition by the order dated 12.10.2023, this court has

already discussed in detail regarding the custody of the minor child and

also made some conditions which are to be followed by both the

parents. This court after pondering, keeping in mind the future of the

minor child, has passed the said order which needs to be followed in

letter and spirit. Therefore, the applicant has failed to make out his case

and accordingly this court feels that the instant application is liable to be

dismissed.

Accordingly, it is ordered.

In view of the above, the instant interlocutory application

stands dismissed.

JUDGE

Dipak

DIPAK DAS

Digitally signed by

DIPAK DAS

Date: 2023.11.29

16:13:19 +05'30'