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Judgment
Shampa Sarkar, J
On the last occasion, that is, December 17, 2019, this Court was of the view that although the father as the natural guardian of the minor child had a visitation right, yet under the peculiar circumstances of this case where the child is a witness in a criminal case pending against the father / petitioner,
visitation right under such circumstances could not be allowed without interaction with the child and the father.
Direction for service of notice upon the opposite party was made. Today, both the parties are appearing before me along with the minor child, Ranjan
Panda. I have interacted with the child and at this stage a normal interaction between the father and the child may not be a wise thing to do, inasmuch
as, the child is still shaken up from the trauma of the death of his mother. He has also resisted to meet his father or to speak to his father.
Under such circumstances, this Court is of the opinion that as a test case the father may be allowed to get a glimpse of the child from a distance.
Admittedly, the child resides with his grandparents in the father’s house and the father lives elsewhere. The grandfather accompanied the child to
the Court. Upon a query whether there was a open space or varandah from which a view was possible, the answer was in the affirmative.
Under such circumstances, in my opinion, it would be prudent to allow the petitioner, Ritesh Panda to take a glimpse of his child from outside the
house. The grandparents along with the child will wait in the verandah and the father will take a look at the child upon maintaining safe distance. He shall be accompanied to the residence of the child by his advocate on record appearing in the court below, but no other person will accompany him.
No conversation will be permitted. The duration shall not be for more than 10 to 15 minutes. Such arrangement is being made only for the 7th and 21st of March, 2020 between 3:00 to 3:15 p.m. No resistance or aggression from either side should be shown. The learned advocate for the opposite party is also at liberty to be present during such arrangement. It is expected that the respective learned advocates who will be present at the place shall render cooperation with this arrangement which is being made by the Court as the situation is extremely unfortunate. This is an interim arrangement and further orders will be passed on further interaction with the child at a later stage.
Let this matter appear in the monthly list of April, 2020 for further orders as a Fixed Listed Motions.
The observations made by the learned court below in the order impugned dated September 6, 2019 in the last paragraph of Page-2, with regard to the incidents relating to the death of the mother are stayed for the time being, inasmuch as, such observations at a stage of hearing of an interlocutory application for visitation in my prima facie view, was uncalled for.
The observations made in this proceeding shall not have any effect in the criminal proceeding.