JUDGMENT (Oral)

MAT.APP.(F.C.) 40/2023

1. An appeal under Section 19 of the Family Courts Act, 1984 has been filed against the Order dated 31.01.2023 vide which the learned Judge, Family Court has granted visitation rights to the respondent/father for every first and third Saturday of the month in the Children Room, Dwarka Court from 03:00 P.M to 04:00 P.M.

2. It is submitted that the impugned Order had been made in undue haste and is patently illegal and perverse as the interest and welfare of the child has been over looked and a pedantic approach has been adopted. Various transcripts of virtual calls which evince cruel, hash and negative behaviour of the respondent has been completely overlooked. The learned Court did not even once interact with the child to understand his mental state of mind before passing the impugned order. The minor child has been recently discharged from the hospital and is recovering from swine flu and imposition of such decisions can cause a lifetime devastating impact upon the child's health who is barely seven years' of age. Separation of the child even for a short duration from the parent with whom the appellant and the child's sister are residing wou