The Allahabad High Court, in an appeal filed by a mother challenging the order granting visitation rights to the father of the child observed that a child has the right to know and meet his parents, including the father during the pendency of the custody case before the Trial Court.
Brief Facts:
The present appeal was filed by a mother against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public place for three hours. The mother challenged the order on grounds of lack of jurisdiction of the Additional Principal Judge.
Contentions of the Appellant:
The learned counsel appearing on behalf of the applicant argued that the said order is without jurisdiction.
Observations of the court:
The court rejected the argument of the applicant that the said order is without jurisdiction. Further the court observed that the child's natural right to know and meet his parents is near perfect.
It was further stated that to the extent the visitation right granted by the learned court below does not alter the status of the custody of the child and to the extent it is seen to be in the best interest of the child to continue to meet and know his father through limited interactions pending the custody matter.
The decision of the Court:
The court dismissed the appeal.
Case Title: Priyanka Agarwal vs Abhishek Agarwal
Coram: Hon’ble Mr. Justice Saumitra Dayal Singh and Hon’ble Mr. Justice Donadi Ramesh
Case No.: FIRST APPEAL No. - 576 of 2024
Advocate for the Petitioner: Diwakar Tiwari
Advocate for the Respondent: None
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