Petitioner sought access to minor children denied by respondent father. Court fixed train-based visitation times and imposed token compensation and travel expenses on father for past deprivation.
Respondent to pay token Rs. 7,000 for deprived access plus Rs. 1,200 monthly for railway fare; access time fixed until 5 PM at petitioner's house.
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RESHMA DEVI
..... Petitioner
Through: Ms. Susmita Mahala, Advocate.
versus
BHAGWAN DAS
..... Respondent
Through: Mr. Trilok Chand, Advocate.
CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 15.03.2019
In terms of the order of the Family Court, Saket, the children were to be brought by the father to the Children’s Room at the Family Court, Saket on every third Saturday of the month. It is the petitioner’s case that she has been deprived of meeting her minor children, which is to their detriment especially because they are at a very impressionable age and require constant affection, care, presence and reassurance of their natural mother and these needs can never be replaced or fulfilled by a father.
In terms of the order of a Division Bench of this Court dated 10.07.2018, the last meeting was, admittedly, held in February, 2019, in Alwar, Rajasthan, where the children are presently living.
The respondent is in default of the order of the Family Court, insofar as the petitioner has been prevented from meeting her children for a few
months in 2018. For this default and deprivation of the children of their mother’s affections, a token amount of Rs.7,000/- shall be paid by the respondent father to the petitioner mother within two weeks from today. Additionally, since the mother has to travel to Alwar, the respondent shall pay the fare for her journey by Ajmer Shatabdi Express train. For this purpose, the respondent shall pay an amount of Rs.1,200/- to the mother every month.
Since the mother would be reaching Alwar by train, the meeting time fixed for interaction between the children and her would be accordingly adjusted. The father shall ensure that interaction time is available to the petitioner form the time she reaches the respondent’s house till 5 o’clock in the evening, when she would return to railway station for her journey to Delhi.
The respondent assures the Court that the order shall be duly complied with, within 10 days from today.
The petition is disposed off in the above terms.
NAJMI WAZIRI, J
MARCH 15, 2019/acm
3 issues framed by the court
How shall the petitioner mother meet her minor children?
What amount shall the respondent pay for the petitioner’s deprived appearances and travel?
When shall the respondent comply with the access order?
Reshma Devi
Bhagwan Das
Najmi Wazir
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
