Smt. Prarthna Gupta vs Ashish Kumar Gupta
2023 Latest Caselaw 10087 MP

                                      - 1 -


       IN THE HIGH COURT OF MADHYA PRADESH
                    AT JABALPUR
                         BEFORE
             HON'BLE SHRI JUSTICE SHEEL NAGU
                                        &
HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH

                     ON THE 4th OF JULY, 2023
                   FIRST APPEAL No. 850 of 2023


     Between :-
     SMT. PRARTHNA GUPTA W/O ASHISH
     GUPTA, AGED ABOUT 36 YEARS,
     OCCUPATION: TEACHER (PRIVATE
     SCHOOL) R/O B- 1 503 AKRATI GREEN
     VILLAGE- SALLAIYA E- 8 EXTENSION
     GULMOHAR      BHOPAL     DISTRICT
     BHOPAL (MADHYA PRADESH


                                                      ...APPELLANT
     (BY SHRI ISHAN SONI - ADVOCATE)

     AND

     ASHISH KUMAR GUPTA S/O RAJEEV
     KUMAR GUPTA, AGED ABOUT 37
     YEARS,   OCCUPATION:     BRANCH
     MANAGER ( CSB BANK) R/O FLAT NO
     4-A MARUTI ENCLALVE, INDUS TOWN
     BHOPAL (MADHYA PRADESH)


                                                     ....RESPONDENT


     (BY H.S. RAJPUT - ADVOCATE )
------------------------------------------------------------------------------------
     This writ petition coming on for hearing this day, Justice
  SHEEL              NAGU,              passed            the          following:
                                     - 2 -


                            JUDGMENT

This appeal has been filed against the order dated 25.02.2023 passed by the Family Court by which the petition of the father preferred u/S 25(7) of the Guardians and Wards Act, 1980 has been allowed and the Family Court while declaring the father to be lawful guardian has directed the mother to handover possession of the child to the father within 30 days.

2. It is not disputed at the Bar by the counsel for rival parties that the child has already been handed over by the mother to the father on 25th Feburary, 2023 itself and is presently under the guardianship of the father at New Delhi at Noida.

3. While passing the impugned judgment and decree the learned Presiding Officer of Family Court passed the following directions as regards visitation rights of mother-

24. ^^vr% vkosnd dk vkosnu i= mfpr izrhr gksus ls Lohdkj fd;k tkrk gS vkSj vkosnd dks mlds iq= vo;Ld ckyd dk laj{kd ?kksf"kr fd;k tkrk gSA vukosfndk Jherh izkFkZuk xqIrk dks vknsf'kr fd;k tkrk gS fd og vkns'k fnukad ls 30 fnol ds vanj vo;Ld ckyd vuZo dh laj{kfdrk vkosnd vk'kh"k dqekj xqIrk dks lkSais rFkk vkosnd vk'kh"k dqekj xqIrk dks vknsf'kr fd;k tkrk gS fd og vo;Ld ckyd dh bPNkuqlkj le; le; ij cPps dks mldh eka vukosfndk Jherh izkFkZuk xqIrk ls feyok;sA mHk;i{k viuk viuk okn O;; Lo;a ogu djsaxsA**

- 3 -

4. After having heard the mother, father and child, separately in camera on earlier occasion and having heard the father and also the child, this Court is of the considered view that flexibility extended by the learned Family Judge as regards directions of visitation ought to be maintained so as to allow the respective parties, ample discretion and convenience to avail the visitation right.

5. While hearing the mother/appellant, in camera, it was categorically disclosed by the mother that she does not wish to challenge the impugned judgment and decree on merits provided visitation rights as extended by the said impugned judgment and decree are allowed to be continued to be availed by her.

6. In view of the above fact that we do not find any reason to interfere with the merits of the matter. This Court disposed of this appeal in the following manner.-

i) Impugned judgment so far it declares respondent/father to be lawful guardian of the child is upheld.

ii) The direction as regards visitation rights extended to the mother in paragraph 24 of the impugned judgment are upheld and made available to the mother to be availed at the discretion and convenience of the rival parties who shall be free to decide the question of time duration, venue and other logistic of visitation rights by mutual consent.

iii) That father shall allow the mother to telephonically get in touch with the child at the convenience of child as well as the mother& father.

7. With the above directions this appeal stands disposed of.

- 4 -

                                           (SHEEL NAGU)      (AVANINDRA KUMAR SINGH)
                                             JUDGE                     JUDGE
Akanksha

           AKANKSH
                     Digitally signed by AKANKSHA MAURYA
                     DN: c=IN, o=HIGH COURT OF MADHYA
                     PRADESH, ou=JABALPUR,

2.5.4.20=249af511aff03adb5e1023e836f6

A 223dd6fcc17fe5560a49be80567d4ab381a 9, postalCode=482001, st=Madhya Pradesh, serialNumber=08FDD0FD574AF6278257F

MAURYA 149F3D11B8DF5BC8C51B2811BAF3E9439 DD98282D77, cn=AKANKSHA MAURYA Date: 2023.07.07 14:56:06 +05'30'