Tripura High Court
Smt. Puja Dey Saha vs Sri Rakesh Saha & Ors on 18 July, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
Cont. Cas(C) 08 of 2024
Smt. Puja Dey Saha Petitioner(s)
Versus
Sri Rakesh Saha & Ors Respondent(s)
For Petitioner(s) : Mr. Samarjit Bhattacharjee, Advocate.
Mr. K. Nath, Advocate.
For Respondent(s) : Mr. S. Lodh, Advocate.
Mr. S. Majumder,Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
18.07.2024
Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for
the petitioner as well as Mr. S. Lodh, learned counsel appearing for the
respondent-contemnors.
[2] The present Contempt Petition has been filed under Article 215
of the Constitution of India read with Section 12 of the Contempt of Courts Act,
1971 for drawing up proceeding against the respondent-contemnors for willful
and deliberate disobedience and disregard of the specific direction of this
Court's Judgment and Order (Oral), dated 12.10.2023 passed in Crl. Petn. 22
of 2023. The relevant portion of the Order dated 12.10.2023 is stated here-in-
under:-
"[45] Thus, the custody of the child should be with both the parents and
accordingly, (i) Monday to 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".
[3] This Court Vide order dated 20.06.2024, directed the respondent-
father to hand over the custody of the child to the petitioner-mother in the
office of his counsel, Mr. Sankar Lodh on the date which have already been
indicated in the earlier order.
[4] Mr. Samarjit Bhattacharjee, learned counsel appearing for the
petitioner-mother submits before this Court that the girl child does not want to
go with her mother, as such some time may be granted to continue this
proceeding.
[5] On the other hand, Mr. S. Lodh, learned counsel, submits that the
girl child does not want to stay with her mother and the girl faces difficulty while
travelling from Udaipur i.e. from her father's house to Agartala to meet her
mother. He further urges to Court to change the place of meeting to suit the
need of the child to handover the custody and to receive at a convenient place
in Udaipur and both suggested the place to be District Legal Services Authority
premises, Udaipur.
[6] Heard and perused the evidence on record.
[7] Considering the arguments as advanced by the learned counsel
appearing for both the parties, this contempt case is closed with the direction
that the arrangement which is already made earlier by this Court regarding the
interim custody of the girl child shall remain unchanged. However, there shall
be a change in the place of handing over and receiving custody of the girl child
as indicated in the earlier order dated 20.06.2024. Instead of the office of Mr.
Sankar Lodh, learned counsel, this Court directs the respondent father to hand
over the custody of the child to the petitioner-mother in the office of Legal
Services Authority, Udaipur Judicial District.
[8] With the above observation and direction, the instant Contempt
Petition is closed.
JUDGE
Paritosh
SABYASAC Digitally signed by
SABYASACHI GHOSH
HI GHOSH Date: 2024.07.24
16:44:38 +05'30'
