The Single Judge Bench of the Bombay High Court comprising Justice Anuja Prabhudesai in the case of Gaurav Suresh Tingre v. Priyanka Gaurav Tingre has observed that non-custodial parent cannot be deprived of his right to spend quality time and enjoy the company of the children.
Background of the case
The Petitioner is the non custodian father of the child. The father of the Petitioner is having health issues and he would like to see his grandchildren. It is stated that the previous order dated 10/03/2022 whereby this Court had allowed access on the birthday of the children was not complied with. Aggrieved by which, he has filed this writ petition before this Court.
Reasoning and Decision of the Court
The Court considered the facts of the case and expounded that Needless to state that the Petitioner-father, the non-custodial parent cannot be deprived of his right to spend quality time and enjoy the company of the children.
Furthermore, the children also have right to love and affection of both parents as well as grandparents. This is essential for personal development and overall well being of the children.
The Court ordered the Respondent mother to bring the Child in mall at 11 a.m. so that the parents and children shall spend time together till 3.00 p.m and the petitioner can take custody of child for 3 days as well.
The Court also referred the matter for mediation for the parties to arrive at an amicable settlement.
The Court listed the matter on 21.04.2022 for next hearing.
Case Details
Case: - WRIT PETITION NO.1371 OF 2022
Petitioner – Gaurav Suresh Tingre
Respondent - Priyanka Gaurav Tingre
Judge: Justice Anuja Prabhudesai
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