Mother sought enhancement of visitation rights in a guardianship matter. With consent of both parties, physical visitation was increased to twice weekly (Wednesdays and Saturdays) at Rohini Court Complex children room, video calls unchanged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~18
versus
SURENDER KUMAR .....Respondent Through: Mr. Amit Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
“32. Accordingly, I am of the opinion that the ends of justice would be met by granting visitation to the petitioner to meet the child once in a week i.e. on every Saturday from 2.00 PM to 4.00 PM in the adjoining children room. Whenever any Saturday happens to be a holiday, the visitation would be affected on the last working day prior to the said Saturday. Further more, in case, due to any exigency, any party is not able to come for affecting the visitation, the requisite information shall be given to the opposite party and in that eventuality the visitation shall take place on the next working day, at the same time.
Besides the physical meeting, the petitioner is granted the right to speak and interact with the child, through a video call, thrice a week, on every Sunday, Tuesday and Thursday, for 30 minutes from 5.30 PM to 6 PM, on the mobile phone of the respondent. For compliance of the order, both the parties shall furnish their phone numbers to each other, under intimation to the court, within two days.
Nothing mentioned herein above shall tantamount to an expression of opinion on the merits of the case.
Signature Not Verified Digitally Signed CM(M) 1096/2023 1 By:SONIA THAPLIYAL Signing Da te:1 8.09.2024 15:36:03
states that petitioner, would, at the moment, be satisfied in case the physical visitation is extended from “once a week” to “twice a week”.
(MANOJ JAIN) JUDGE
SEPTEMBER 17, 2024/ss
CM(M) 1096/2023 2
Signature Not Verified
Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 8.09.2024 15:36:03
1 issue framed by the court
Whether the mother's physical visitation with the child should be enhanced from once a week to twice a week.
Anamika Sarkar
Surender Kumar
Manoj Jain
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
