Sanatan Sadhu vs Babli Sadhu
2025 Latest Caselaw 107 Jhar

Jharkhand High Court

Sanatan Sadhu vs Babli Sadhu on 5 May, 2025

Author: Sujit Narayan Prasad

Bench: Sujit Narayan Prasad, Rajesh Kumar

                                                                   2025:JHHC:13452-DB




 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                             F.A. No. 63 of 2022
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Sanatan Sadhu, aged about 39 years, s/o-Late Kamal Sadhu @ Kamal Kant Sadhu, R/o Nunudih, Patherdih, P.O.-Patherdih, P.S.-Sudamdih, Distric- Dhanbad.

                                                 .......            Appellant
                                    Versus

Babli Sadhu, w/o Sanatan Sadhu, d/o Late Dayamoy Kar, R/o Village-Deoli, P.O.-Kuldangal, P.s.-Nala, District-Jamtara.

                                                   .......                  Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE RAJESH KUMAR

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 For the Appellant    : Mr. Deepak Sahu, Advocate
 For the Respondent   : Mr. Tejaswi, Advocate

                                     -----------
              th
 15/Dated: 05 May, 2025

1. In the instant appeal, the judgment dated 23.05.2022 and decree dated 30.05.2022 passed by the learned Principal Judge, Family Court, Jamtara in Original (Guardianship) Suit No. 30 of 2020 is under challenge, whereby and whereunder, the lis has been decided in favour of the respondent-wife.

2. The appellant, during pendency of the instant appeal, has made specific prayer before the co-ordinate Bench as has been taken note in the order dated 10.02.2025 restricting the prayer only to the visitation rights of the younger son who is residing with his mother, the respondent herein. For ready reference, the order dated 10.02.2025 is being reproduced as under:

"Mr. Pratiush Lala, learned counsel appearing for the appellant has been very fairly submitted that he shall confine his prayer only with respect to the visitation rights of the appellant. It has been submitted that the elder son of the appellant and respondent stays with the appellant and so far as the younger son is concerned, he stays with the respondent and for his custody the Original (Guardianship) Suit No. 30 of 2020 was preferred by the appellant.

Upon considering the limited prayer made by learned counsel for the appellant, Ms. Tejaswi, learned counsel appearing for the respondent is directed to take instruction.

Let this case be listed on 20th February, 2025."

3. The co-ordinate Bench has passed the order upon the learned counsel for the respondent to seek instructions. The co-ordinate Bench has further

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directed the appellant, as would be evident from the order dated 20.03.2025, to file affidavit naming three places in which the appellant may visit his younger son who stays with the respondent and shall submit an advance copy of the said affidavit to the learned counsel for the respondent who in turn shall take instruction from the respondent as to the place which would be of her choice for allowing the appellant and his elder son to visit the younger son who is staying with his mother. For ready reference, the order dated 20.03.2025 is being reproduced as under:

"Ms. Tejaswi, learned counsel appearing for the respondent has submitted that the respondent does not have any objection on account of the limited prayer made by the appellant that he be given visitation rights to visit his younger son who stays with the respondent. This instruction has been received by the learned counsel for the respondent in terms of the order dated 10.02.2025.

Mr. Pratiush Lala, learned counsel for the appellant submits that he shall file a short affidavit naming three places in which the appellant may visit his younger son who stays with the respondent and shall submit an advance copy of the said affidavit to the learned counsel for the respondent who in turn shall take instruction from the respondent as to the place which would be of her choice for allowing the appellant and his elder son to visit the younger son who is staying with her mother i.e. the respondent herein.

Let this case be listed on 16th April, 2025 under the heading "For Orders"."

4. The matter, thereafter, has been listed before this Court.

5. Learned counsel for the respondent has submitted that in pursuance of the order dated 20.03.2025, she is having with the instructions showing no objection in granting visitation rights, however, she had sought for time to file an affidavit as would be evident from the order dated 16.04.2025.

6. Mr. Tejaswi, learned counsel for the respondent, today, has submitted that the respondent is not willing to come to the Court, as such, the affidavit could not have been filed. However, she has submitted that there is no objection on behalf of the respondent-wife in granting visitation rights as per the location furnished by the appellant stated in paragraph-7 to the supplementary affidavit dated 27.03.2025 filed on behalf of the appellant. Paragraph-7 of the said supplementary affidavit is being reproduced as under:

"7. That the appellant/father is mentioning the suitable public place as per his best of knowledge and understanding as appellant/father is not much acquainted with the areas of the Jamtara District as

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appellant/father is permanent resident of Dhanbad District. The places and time are as hereunder:

(i) Nala Market, Jamtara (Timing 11:00 AM to 4:00 PM) on 2nd and 4th Sunday of every month.

(ii) Kuldangal Market, Jamtara (Timing 11:00 AM to 4:00 PM) on 2nd and 4th Sunday of every month.

(iii) Sita Mandir, Jamtara (Timing 11:00 AM to 4:00 PM) on 2nd and 4th Sunday of every month."

7. The said submission has been made by the learned counsel for the respondent based upon the instructions she has received after receiving copy of the supplementary affidavit served on 26.03.2025 as per the acknowledgement given in the said affidavit.

8. Learned counsel for the respondent, therefore, has submitted that appropriate order may be passed on the basis of the three locations as has been furnished in the paragraph-7 to the supplementary affidavit.

9. Learned counsel for both the parties have agreed that the suitable place would be Sita Mandir, Jamtara on 2nd and 4th Sunday of every month and timing would be as per the convenience of the parties in between 11:00 am to 04:00 pm.

10. This Court, considering the aforesaid submission made on the basis of the concession of the learned counsel for the parties as referred hereinabove, is of the view that the present appeal is to be disposed of since the appellant has confined his prayer only to the issue of visitation rights as per the order dated 10.02.2025, as quoted and referred above.

11. Accordingly, the instant appeal stands disposed of with the observation and direction with the visitation rights of the appellant on 2nd and 4th Sunday of every month at Sita Mandir, Jamtara and so far as the timing is concerned, due care be taken considering the issue of study of the son and as such, the husband has also given the timing in between 11:00 am to 04:00 pm, hence, subject to convenience of the parties, timing will be decided by parties particularly considering the study of the son.

(Sujit Narayan Prasad, J.)

(Rajesh Kumar, J.) Saurabh/-