CALCUTTA HIGH COURT FRAMES GUIDELINES FOR CHILD CUSTODY

The guidelines framed have come into effect and it has included in it child visitation right from 0 to 36 months and beyond 36 months separately.  The guidelines are being followed by courts in west bengal keeping in mind the best interest of the child. Visitations for weekends , weekends holidays .and meeting in child complex rooms all have been clearly set out.

Section 7 of Guardians and wards act -Power of the Court to make order as to guardianship.

—(1) where the Court is satisfied that it is for the welfare of a minor that an order should be made—  (a) appointing a guardian of his person or property, or both, or (b) declaring a person to be such a guardian,  the Court may make an order accordingly. (2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court. (3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

REFUND OF COURT FEES

Refer to  Nutan Batra v. M/s Buniyaad Associates, 2018 (255) DLT 696  full court fee may be  refunded to the Plaintiffs