SEPERATION: When parents split the worst affected are the children. While historically it is the mother who is given custody of the children, the court also grants visiting rights or specifies a period of time that the father can spend with the child.

In a case on the custody of the children in a divorce case the Bombay High Court pointed out that the children were entitled to the love and affection of both parents.

By K A Y Dodhiya

The Bombay high court recently directed a woman to permit her estranged husband and in-laws visitation access to other children for four days. The court held that children have the right to receive love and affection from parents as well as grandparents.
The court, while hearing a petition filed by the 38-year-old father, was informed that the wife had not permitted him to meet his children for the past 22 months despite a previous bench directing her to permit the same.
The father stated that his petition sought temporary custody and would also initiate contempt proceedings as the paternal grandfather of the children was having health issues and desired to see his grandchildren.
The single-judge bench of justice Anuja Prabudesai was informed by advocate Ajinkya Udane that the couple got separated in 2018 and since then they had the arrangement to have custody of their 10-year-old twin sons. However, after June 2020, the woman did not comply with the agreement and hence the petition seeking temporary custody of the children was filed, Udane said, adding that the grandfather of the children is unwell and wants to meet them.
The bench was also informed that the woman had not complied with the HC order of March 10, wherein the petitioner was allowed access on the birthday of the children.
“The petitioner father, the non-custodial parent, cannot be deprived of his right to spend quality time and enjoy the company of the children. Furthermore, the children also have the right to love and affection of both parents as well as grandparents. This is essential for personal development and overall well-being of the children,” the bench observed.
The bench then said that without getting into the merits of the case, the petitioner-father was being granted access to children from April 14 to April 16 and the respondent-mother would bring the children to a mall in Pune on April 14 and the parents and the children shall spend time together for four hours.
Thereafter, the children will be in the custody of their father, who would bring them back to the same mall at 11 am on April 17 and spend time together for four hours and hand over custody of the children to the respondent-mother on the same day at 3 pm.
The court also referred the matrimonial dispute for mediation to former HC judge Justice (Retired) Shalini Phansalkar-Joshi, who will act as a mediator and assist the parties in arriving at an amicable settlement and submit the report preferably within six months.
The court said that it will decide on the issue of interim access arrangement during the next hearing on April 21.

Courtesy:Hindustan Times