Kaushal Kant Mishra vs Principal Judge Family Court And 3 ...
2014 Latest Caselaw 1635 ALL

Citation : 2014 Latest Caselaw 1635 ALL
Judgement Date : 9 May, 2014

Allahabad High Court

Kaushal Kant Mishra vs Principal Judge Family Court And 3 ... on 9 May, 2014

Bench: Pankaj Mithal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1354 of 2014
 

 
Petitioner :- Kaushal Kant Mishra
 
Respondent :- Principal Judge Family Court And 3 Others
 
Counsel for Petitioner :- Sharique Ahmed
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioner.

The grievance of the petitioner in this petition is that despite the order of the family court dated 27.4.2012 giving him right to visit his minor son every Sunday between 1 p.m. to 5 p.m. at a particular place at Kanpur where he is residing with his maternal grand parents he is not being allowed to meet his minor son.

In some proceedings initiated by the wife before the court at Delhi, an order was passed on 15.5.2012 which categorically records that the wife does not want that the husband should meet the child and therefore the court had opined that the complaint before the Delhi court has been filed in order to avoid compliance of the order giving visiting rights to the petitioner by the Family court at Kanpur.

At present the wife as well as the minor son are both living together at Delhi and the petitioner is also residing at Delhi.

In view of the above, as the order of the Family Court dated 27.4.2012 is said to be final and subsisting, petitioner is permitted to visit his minor son at the residence of Smt. Geetika Tripathi, respondent no. 2 at Delhi every Sunday between 3 p.m. to 5 p.m after prior intimation on telephone to respondent no. 2. It is expected that respondent no. 2 shall not resist the meeting of the petitioner with the minor son as aforesaid unless she has some valid excuse which may not run contrary to the directions of the family court. The petitioner will not use any force so as to exercise his visiting rights given by the Family Court or by this Court.

Issue notice to respondents no. 2,3 and 4 calling upon them to file counter affidavit as to why they have not permitted visiting rights to the petitioner in utter disregard to the order of the Family court dated 27.4.2012.

Order Date :- 9.5.2014

SKS