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DISTRICT: SOUTH 24 PARGANAS
IN THE COURT OF THE LEARNED 13TH ADDITIONAL DISTRICT JUDGE,
ALIPORE, SOUTH 24 PARGANAS
ACT VIII Case No. 176 of 2022
In the matter of:
An application for an appropriate order
before this Learned Court
-And-
In the matter of:
Ranajoy Dutta
… Petitioner
-Versus-
Agnidipa Das
… Respodent
An application under section 151 of the Code of Civil Procedure
The humble petition on
behalf of the petitioner
abovenamed
Most Respectfully Sheweth:
1. The petitioner is the father of the minor daughter whereas
the respondent is the mother of the minor daughter. It is
pertinent to mention herein that the minor daughter is presently
in the permanent custody of the respondent. The respondent
after entering appearance intended to context the said case.
2. Your petitioner states that as per the order of the Hon’ble
High Court passed in W.P.A(H) No 55 of 2022 the minor daughter
is now residing with the opposite party/ mother with an
arrangement for visiting the minor daughter as also temporary
custody of the minor on each Sunday, apart from visiting the
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minor on Saturday and other festivals, holidays and the like. The
Hon’ble Court, by the self-same order was further pleased to
direct that, the Learned Court below would be at liberty to
adjudicate the case of custody of the minor daughter
independently, without being influenced in manner whatsoever
by the order of the Hon’ble High Court being the order dated
13.09.2022, which is being duly followed by the petitioner for a
considerable period of time.
3. Your petitioner further states that his sister’s wedding is fixed
from 14th December, 2024, at Burdwan. In the light of the above, your
petitioner is desirous to take the minor daughter to her aunt’s wedding
which would take place at Burdwan (petitioner’s native place) from 13 th
December, 2024 after completion of the minor daughter’s school till
17th December, 2024 after which the petitioner undertakes to drop the
child to school on the morning of 18th December, 2024.
4. In the aforesaid context, Your Honour considering the
paramount welfare of the minor may graciously be pleased to
pass necessary order allowing your petitioner to have temporary
custody of the minor daughter from 13.12.2024 after school and
will drop the child to the school on the morning of 18 th
December, 2024 as otherwise your petitioner will be seriously
prejudiced and shall suffer irreparable loss and injury.
In the light of the aforesaid
circumstances, it is humbly prayed
that Your Honour may graciously be
pleased to pass necessary order
allowing your petitioner to have
temporary custody of the minor
daughter from 13.12.2024 after
school and drop the child to on the
morning of 18th December, 2024
according to the aforesaid
arrangements with direction upon
both the parties for necessary
arrangement as otherwise your
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petitioner will be seriously prejudice
and shall suffer irreparable loss
and injury.
AFFIDAVIT
I, Ranajoy Dutta, son of Rupak Kumar Dutta aged about 38 years, by
occupation – Doctor, by faith- Hindu, resident of F-3/6, Karunamoyee
Housing Estate, Sector – II, Salt Lake, Post Office – Sech Bhawan, Police
Station – Bidhannagar (East), District – North 24 Parganas, Pin – 700091, do
hereby solemnly affirm and state as follows: -
1. That I am petitioner and as such I am well conversant with the facts and
circumstances of the present case and I am competent to affirm this
affidavit.
2. That the statements made in paragraph 1, 3 to 5 are true to the best of
my knowledge and the statement made in paragraph 2 is for record, while
the rest are my respectful submissions before this Learned Court.
Deponent
Identified by me
