Tripura High Court
For vs Ms. A. Pal. Adv on 22 July, 2021
HIGH COURT OF TRIPURA
AGARTALA
MFA 3 of 2020
For Appellant(s) : Mr. S. M. Chakraborty, Sr. Adv.
Ms. A. Pal. Adv.
For Respondent(s) : Mr. Raju Datta, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
Order
22.07.2021
Heard Ms. Sukla Chakraborty (Chattopadhya) as well Mr. Sri
Surya Chattopadhya in person.
[2] The parties are assisted by their respective counsel, namely
Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. A. Pal,
learned counsel for the appellant and Mr. Raju Datta, learned counsel
for the respondent.
[3] This court intended to have a interacton with the parties as
sequence to the consultant psychologist's report which has been
submitted before this court on 06.07.2021. The report is incisive
shedding light over the relation of the parties and psychological profile
of their son. The parties have come to a healthy understanding, if we
may say so, which we appreciate. Ms. Sukla Chakraborty
(Chattopadhya), the appellant herein, has given the undertaking before
this court that she will bring her son to Agartala after he completes his
Madhyamik Examination. She has also agreed if Sri Surya
Chattopadhya, father of the son, regularly visits to her residence at
Udaipur to guide their son for better studies, she will have no opposition
or inhibition whatsoever. She has also added that even in the past, she
did not oppose visits of Sri Surya Chattopadhya from meeting their son
and guiding him in his studies.
[4] The consultant psychologist has observed that the child is
going through his adolescent period and very much sensitive with his
heightened emotional reactivity. The stressful life events related to his
parental relationship has made him more vulnerable to showing
negative emotion and disrespect towards his father. It will be helpful to
wait for a couple of years which will allow the child to develop
independent thinking and judgment about his relationship while also
developing his cognitive maturity. For the time being, it will be
beneficial for the child to remain in the current arrangement as any
drastic change in that may negatively affect his emotional stability and
educational progress. Hopefully, he will be able to make an independent
decision on his own shortly.
[5] We have taken this observation with all seriousness and as
such the following arrangement are being made by his court to be
observed by the parties.
[6] Sri Surya Chattopadhya, the respondent herein, shall be
allowed to visit his son whenever he finds time or adequate time for
visiting his son. He would be allowed to guide his son in studies as well
in his healthy emotional development. In this matter, Ms. Sukla
Chakraborty (Chattopadhya) will not create any embargo either directly
or indirectly. That apart, Ms. Chakraborty (Chattopadhya), the appellant
herein, shall take sincere initiative so that their son grows as a good
human being and sheds negative attitude towards his father. Let there
be normalcy in the relationship that requires cooperation from both
ends. We hope pas will remain past and future will unfold new chapters
in the stressed relationship.
[7] Further, we are of the view that after their son completes
his Madhyamik Examination, he shall be brought to Agartala for
admission in a good school as it has been stated by Sri Surya
Chattopadhya that their son aspires to be a doctor.
[8] Hence, we would interfere with the judgment dated
28.01.2020 whereby the Judge, Family Court, Udaipur, Gomati Tripura
has directed as follows:
"Hence, considering the welfare and best interest of
the child, I am of the considered view that the custody of
Master-Supratim Chatterjee alias Abir, aged about 13
years should be transferred to the custody of the
petitioner. Accordingly, the prayer of the petitioner for
custody of his son is allowed subject to condition that on
every holidays the petitioner is to bring his son to the O.P.
The child will be staying with his mother on all holidays
including his birthday. During long vacations like Summer
vacation, Puja Vacation and Winter vacation, if any, the
child will be under the care and custody of his mother i.e.
the O.P provided that the education of the child must not
be disturbed under any circumstances. The petitioner is to
make the child reach to his mother immediately before
holidays.
The O.P. will have the right to visit her child as and
when she wants to see her child at Agartala without
disturbing his studies."
The said directions are substituted by the arrangement, as
made by us.
In terms of the above, this appeal stands allowed to the
extent as indicated above.
It is made absolutely clear that parties will be at liberty, if
they find any difficulty with the arrangement to approach this court or
the court of the competent jurisdiction. We hope such requirement will
not arise and by the cooperation based o mutual trust, their son will get
best of parental care and guidance. We will record our appreciation for
the parties as they have come to the understanding of their son. We will
be failing in our duty, if we do not record our appreciation for the
counsel for the parties who have assisted to narrow down the gap in the
understanding.
Decree be drawn accordingly.
Thereafter, LCRs be remitted.
A copy of this order be supplied to the parties free of costs.
JUDGE JUDGE
Dipak
