This petition challenging an order granting visitation rights to the father was dismissed. The High Court held that the lower court's order was in the child's best interest, noting the father's willingness to bear expenses for education and nutrition.
Petition dismissed allowing the visitation right order to stand.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9289 of 2018 Petitioner :- Smt.Shalini @ Shalini Kumar Respondent :- Dinesh Kumar Counsel for Petitioner :- Hemant Kumar,Pramod Kumar Singh
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 29.11.2018 whereby visitation right has been given to the father of a child, who is 13 years old.
A categorical finding has been recorded in the order impugned, that the child was born out of a happy wedlock and the dispute had arisen between the parties only in the year 2017. This finding recorded by the court below is not disputed in the present petition.
Only submission made by learned counsel for the petitioner is that the child who had appeared in the court himself denied to meet his father. In view of the statement of the child, it was not open for the court below to grant visitation right to the father namely the respondent herein.
This submissions of learned counsel for the petitioner is not accepted in view of the finding recorded by the court below that the plaintiff-father is ready and willing to do everything for the welfare of his child and he is ready to bear the expenditure of education and nutrition for his child.
The order passed by the court below giving visitation right to the father being in the best interest of the child does not deserve any interference.
The present petition is, accordingly, dismissed .
Order Date :- 11.12.2018 Himanshu
Smt.Shalini @ Shalini Kumar
Dinesh Kumar
Sunita Agarwal
As recorded by the court registry
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