Sri Saibal Basu vs Smt. Sudeepta Basu
2021 Latest Caselaw 4244 Cal

 109&110
13.08.2021

TN

CPAN 409 of 2020 IA No: CAN 1 of 2020 (Old No: CAN 5583 of 2020) With CPAN 522 of 2020

Sri Saibal Basu Vs.

Smt. Sudeepta Basu

Mr. Kallol Basu, Mr. Bratin Kumar Dey

.... for the applicant/petitioner

Mr. Asoke Kr. Banerjee, Mr. Saumyen Datta, Mr. Tapas Singha Roy

.... for the alleged contemnor

When the matters are called on for hearing, it is

alleged by the applicant/father that, despite a specific

order of visitation of the father in respect of his minor

child, the mother patently flouted such order by

failing to produce the child on four days of the last

Durga Puja, as per the direction given by the court

below.

When asked as to whether any affidavit-in-

opposition has been filed, learned counsel appearing

for the alleged contemnor put up a lame excuse of

certain talks of settlement going on in the meantime,

for which apparently the mother could not affirm any

affidavit-in-opposition. However, such excuse is not

accepted by this court. Talks of settlement or no talks,

there was no impediment in preparing an affidavit-in-

opposition to explain the reason for violation of the

order of the court below by the mother during the long

five months which passed in-between.

The pandemic situation, sought to be portrayed

by the mother as another reason, is equally lame,

since normal functioning of life started long back to

the extent possible.

It appears that due to the nonchalance of the

mother in deliberately flouting the specific direction of

the trial court without taking any leave from the court

below and the conduct of the mother in not preparing

any affidavit-in-opposition till date, there was

deliberate and willful violation of the specific direction

of the trial court in not producing the child as per the

direction of the trial court.

As such, the mother is directed to bring the

child in court today at 3.25 p.m., when the matters

will be called on next.

Learned counsel as well as the parties shall

appear in court at that point of time, when the

matters are next taken up, for passing further

appropriate orders.

(Sabyasachi Bhattacharyya, J.)

LATER

Hearing is concluded in the contempt

applications and judgment is reserved.

The matters shall next be enlisted on August 16,

2021 at the top of the list for passing judgment.

(Sabyasachi Bhattacharyya, J.)