DISTRICT: DARJEELING
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
SPECIAL CIVIL JURISDICTION
(CONTEMPT)
C.P.A.N. No. 31 of
2025
In the matter of:
Shri Bibhash Dhar
… Petitioner
Versus
Smt. Payaswini Dey
... Opposite Party/ Contemnor
SUPPLEMENTARY AFFIDAVIT FILED ON BEHALF OF THE
ABOVENAMED PETITIONER
I, Bibhash Dhar, son of Shri Prasanta Kumar Dhar, aged about 35
years, resident of “Dhar Villa”, Robin Sen Colony, Near Juvenile
School, Tumbajote, Matigara, P.O. & P.S. Matigara, Dist. Darjeeling,
PIN- 734010 do hereby solemnly affirm and say as follows:-
1. That I am the Petitioner of the instant Contempt Application and
am duly competent to affirm and swear this Affidavit and I am
well acquainted with the facts and circumstances of the case.
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2. I say that the Opposite Party/contemnor despite being aware of
the order dated 07.04.2024, have wilfully and deliberately not
allowed the Petitioner to visit his minor daughter on the
scheduled date of Visitation i.e., on 04.05.2025 and 18.05.2025,
constraining me to file the instant contempt application before
the Hon’ble Court on 22.04.2025.
3. I say that the Petitioner prays for leave of the Hon’ble Court to
file the present Supplementary Affidavit inter alia, to bring on
record certain facts and documents that have arisen after filing
of the instant contempt application which are necessary for
effective adjudication of the application.
4. I say that after filing of the Contempt Application the Opposite
Party/contemnor had continued to deny me a visitation to meet
my child and I therefore addressed a complaint to the
Commissioner of Police, Siliguri Police Commissionerate on
02.06.2025 narrating the entire facts. The Opposite
Party/contemnor have continued to violate the Order of the
Hon’ble High Court granting the visitation rights to me and
further my father-in-law namely Pabitra Dey has threatened to
kill me for enforcing my right to visit my child.
A copy of the said letter dated 02.06.2025 is annexed hereto
and marked as Annexure “SA-1”
5. I say that on 07.07.2025, I was constrained to again address a
complaint to the Commissioner of Police, Siliguri Police
Commissionerate through post vide postal receipt no.
EW323971829IN which was in supplementary to the previous
complaint dated 02.06.2025. That the Opposite
Party/contemnor despite being aware of the Order dated
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07.04.2025 did not allow me to visit my child on 06.07.2025,
and obstructed me to visit my child violating the scheduled
visitation right granted by the Hon’ble Court.
A copy of the said letter dated 07.07.2025 alongwith its postal
receipt and tracking report are annexed hereto and collectively
marked as Annexure “SA-2”.
6. I say that the incidents that took place on 04.05.2025,
18.05.2025, 01.06.2025 and 06.07.2025 wherein I was denied
to visit my child as per direction passed by the Hon’ble Court in
its Order dated 07.04.2025 and all such violations have been
recorded by me in my mobile phone being MOTO G45 and I
have transferred a copy of the same into a pendrive on
04.07.2025 at 22:14:47. The Petitioner craves leave of this
Hon’ble Court to produce the pendrive at the time of hearing for
the perusal of the Hon’ble Court, if necessary.
7. I say that on 11.07.2025 I had addressed a letter to the
Chairperson (Addl. Charge), Child Welfare Committee, Siliguri
Sub-Division informing about the conduct of the Opposite
Party/contemnor who has denied me the right to visit my minor
daughter as per the directions passed by the Hon’ble Court in
its Order dated 07.04.2025 and further infringing the minor
child’s fundamental right to parental love and care from both
the parents.
A copy of the said letter dated 11.07.2025 is annexed hereto
and marked as Annexure “SA-3”
8. I say that despite the said Order dated 07.04.2025 being in
force, I was not allowed to meet my daughter on 21.07.2025
which was the scheduled visitation day in accordance with the
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order of this Hon’ble Court. That I had duly arrived at the
designated place of visitation at the scheduled time, but the
Opposite party/ contemnor wilfully failed to comply with the
said Order and did not allow me to meet my daughter.
9. It is humbly prayed that the present Supplementary Affidavit be
taken on record and the same be treated as part of the said
contempt application.
10. That the statements made in paragraphs 1 to 9 of the
supplementary affidavit are true to my knowledge and the rest
are my humble submissions before this Hon’ble Court.
Prepared in my office Deponent is known to
me
Identified by me:
Advocate Advocate
All annexure are legible. Enroll. No.
F/2656/2505/2022
Advocate
Solemnly affirm before me on
the 21st day of July, 2025.
COMISSIONER
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DISTRICT: DARJEELING
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
SPECIAL CIVIL JURISDICTION
(CONTEMPT)
C.P.A.N. No. 31 of 2025
In the matter of:
Shri Bibhash Dhar
… Petitioner
Versus
Smt. Payaswini Dey
... Opposite Party/ Contemnor
SUPPLEMENTARY AFFIDAVIT
HEENA YASMIN SHAIKH
Advocate
F/2656/2505/2022
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Phone: 6295109430
singhallawfirmsiliguri@gmail.com
