HARSHITA BHASIN versus STATE OF WEST BENGAL & ORS

HARSHITA BHASIN versus STATE OF WEST BENGAL & ORS

Having regard to the stress and inconvenience caused to the minor children by frequent travel, the visitation arrangement is modified by consent so that the children travel to Kolkata once a month and the mother travels to Delhi once a month for visitation, with expenses facilitated by the applicant.

Parties
Petitioner: Harshita Bhasin; Respondents: State of West Bengal & Ors; Applicant/fifth Respondent: Mukul Bhasin
Jurisdiction
India
Judgment Date
14 December 2016
Procedural Posture
Special Leave Petition (civil) / Interlocutory Application Disposed
Outcome
Interlocutory Application disposed
Legal Topics
Child Custody, Visitation Rights

Case Brief

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Parties

Harshita Bhasin

Petitioner

State of West Bengal & Ors

Respondents

Mukul Bhasin

Applicant/fifth Respondent

Procedural Posture

Special Leave Petition (civil) / Interlocutory Application Disposed

  1. 1 Modification of visitation arrangement for minor children
  2. 2 Best interest and welfare of the children

Ratio Decidendi

Having regard to the stress and inconvenience caused to the minor children by frequent travel, the visitation arrangement is modified by consent so that the children travel to Kolkata once a month and the mother travels to Delhi once a month for visitation, with expenses facilitated by the applicant.

Court Disposition

Interlocutory Application disposed

Orders

  • Visitation arrangement modified: father will bring children to Kolkata once a month; mother will visit children in Delhi once a month.
  • Applicant directed to deposit Rs. 40,000 per month by electronic transfer into respondent's bank account by the seventh day of every month for travel and stay expenses.