Recently, the High Court of Chhattisgarh in a bench comprising Justice Goutam Bhiduri and Justice Deepak Kumar Tiwari granted visitation rights to the grandparents after signifying the importance of grandparents in the upbringing of a child. The appeal in the High Court was filed against the dismissal of the application for the visitation rights to the grandparents by the Family Court.
Brief facts:
The Petitioner, who is the father of the child, got the limited visitation rights to meet the child. The Family Court has observed that the father can meet the children in the Meditation Centre situated at the concerned District Court premises. After this another application was filed in which it was prayed that the grandfather of the children, who is aged about 80 years, may also be allowed to meet the children, but the said application has been dismissed.
Contentions of the Petitioner:
Learned counsel for the appellant contended that the order passed by the Family Court that the meeting of the child in the Court premises defeated the entire purpose. Counsel further contended that the grandfather of the children may also be allowed to meet the children and the order of visitation rights may be modified accordingly until the custody battles are decided.
Contentions of the Respondent:
Learned counsel for the respondent opposed the submission made by counsel for the appellant contending that there is no such prayer made in the appeal and an affidavit of grandfather has also not been filed. He further contended that the father can meet the children in the Office of DLSA, which would serve the purpose, that the order passed by the Family Court allows the visiting right, hence, it does not require any modification. The court premise is a safer place, where the children can meet their father as it also touches upon their security and safety.
Observation of the Court:
The court observed that in Indian society, the grandparents form an integral part of the upbringing of children and that part of affection and contribution cannot be ignored and it is the welfare of the children which we are concerned. The grandparents being ancillary part and parcel of the family would hold this way for the welfare of the child. Therefore, meeting the grandparents with the children would also be a necessary part of upbringing, before their mind is polluted by the unilateral act of any of the single parents.
The decision of the Court:
The court held that the venue of the meeting shall not be the court premise; it would be either at the Office of the Department of Women & Child Development or any restaurant of the choice of the father. The court also granted visitation rights to grandparents, they are allowed to accompany the father.
Case Title: Syed Irshad Ahmed Zaid v. Shazia Anjum
Coram: Hon'ble Mr. Justice Goutam Bhaduri & Hon'ble Justice Deepak Kumar Tiwari
Case No. : FA (MAT) No. 123 of 2023
Advocates for the Petitioner: Mr. Kshitij Sharma
Advocate for the Respondent: Mr. Abhishek Sharma
Read Judgment @LatestLaws.com
Picture Source :
