Vikas Keshri @ Chandan vs Vanshraj Keshri
2021 Latest Caselaw 3075 Chatt

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                                                                                    NAFR

                    HIGH COURT OF CHHATTISGARH AT BILASPUR

                                  FA(MAT) No. 57 of 2021
     Vikas Keshri @ Chandan, S/o Late Shri Sarju Prasad Keshri Aged About 35
     Years R/o Mo. Thanganpara Police Station And Tahsil - Ambikapur, District -
     Surguja Chhattisgarh
                                                              ---- Appellant/Applicant
                                            Versus
     1.      Vanshraj Keshri, S/o Shri Vikas Kesri Aged About 10 Years
     2.      Rajvir Keshri, S/o Shri Vikas Keshri Aged About 7 Years
     Both Minor Through The Natural Guardian Mother Nisha Keshri W/o Vikas
     Keshri D/o Shri Siddhnath Keshri Aged About 32 Years, R/o Mo. Joda
     Mandir, Garhwa, Police Station And Tahsil - Garhwa District - Garhawa
     (Jharkhand)
     Presently R/o Next To Sunita Sonography (Rented House Of Vikrant Keshri)
     Darripara, Police Station And Tahsil - Ambikapur, District - Surguja
     Chhattisgarh
                                                   ----Respondents/Non-Applicants

For Appellant : Ms. Soniya Kuldeep, Advocate

Hon'ble Mr. Justice P. Sam Koshy Hon'ble Mr. Justice Rajani Dubey Judgment on Board by Hon'ble Mr. Justice P. Sam Koshy

10/11/2021

1. Aggrieved by the order Annexure A/1 dated 18.08.2021, passed by the

Family Court, Ambikapur in Civil Suit No.116-A/2021 the present appeal

has been filed under Section 19(1) of the Family Court Act.

2. Vide the impugned order, the Court below has granted an interim relief in

favour of the appellant so far as grant of visiting rights to the appellant/

plaintiff to visit his two minor children, who are presently staying with the

wife of the appellant (mother of the two children).

3. Counsel for the appellant aggrieved of the order submits that the

applicant had moved an application seeking for custody of the children

along with an application for temporary custody till the suit is finally

decided. However, the Court below has not properly appreciated the

facts and grounds raised by the appellant and have only partly allowed

the application, in as much as granting visiting rights to the appellant/

applicant permitting the applicant to visit the children on every weekend

at the house, where the children are put up along with their mother.

4. Taking into consideration the entire contents of the order passed by the

Court below and also considering the pleadings of the present appeal

and the contention of the learned counsel for the appellant, we are of the

considered opinion that the Court below has fairly considered the

request of the applicant and have passed the impugned order of

granting visiting rights to the appellant/applicant permitting the applicant

to visit the children on every Sunday till the suit is finally decided and

have called for the reply of the respondent, so as to decide the matter

itself on merits finally.

5. Given the facts that the Court below has fairly considered the

contentions and has passed the impugned order, we do not find any

strong case made out calling for an interference with the impugned order

Annexure A/1. The appeal accordingly stands rejected.

6. Meanwhile, the appellant is directed to participate in the proceedings in

the Court below and get the matter adjudicated at the earliest.

                   Sd/-                                         Sd/-
             (P. Sam Koshy)                               (Rajani Dubey)
                  Judge                                        Judge

Ved