JAMMU AND KASHMIR HIGH COURT BENCH AT SRINAGAR
Vinod Chatterji Koul, J.
Parvez Ahmad Khan – Appellant
Versus
Areeb – Respondent
RFA no.04 of 2021
Decided On : 18-10-2022
Guardian and Wards Act - Visitation Rights - The court granted visitation rights to the petitioner to have interaction with his son and pay conveyance charges, and cautioned the respondent not to cause any hindrance in such interaction.
Fact of the Case:
The appellant sought visitation rights to interact with his son, who was in the custody of the respondent. The court had previously issued orders for visitation, but the respondent allegedly did not adhere to the directions, leading to the filing of a contempt petition.
Finding of the Court:
The court found that the impugned order comprehensively addressed all aspects of the matter and granted visitation rights to the petitioner, directing the respondent to facilitate the interaction and cautioning against hindrance.
Issues: The issues involved visitation rights, adherence to court orders, and the welfare of the minor child.
Ratio Decidendi: The court's decision was based on the interest and welfare of the minor child, granting visitation rights to the petitioner, and directing the respondent to facilitate the interaction without causing hindrance.
Final Decision: The appeal was dismissed, and any interim direction was vacated.
JUDGMENT
1. This Appeal is directed against Order dated 26th December 2020, passed by Principal District Judge, Srinagar (for short 'court below'), disposing of as many as five applications, four filed by petitioner and one by respondent.
2. The case set up by appellant is that appellant and respondent married; out of which respondent gave birth to a male child, namely, Ahmad, and that marriage did not continue and he divorced respondent. The minor child was with respondent who did not allow him to see the child, so he filed an application under Section 25 of the Guardian and Wards Act, which was disposed of vide order dated 19th October 2015 with a direction that respondent would produce the ward in District Mediation Centre, Srinagar, and leave custody of the ward of appellant, who would have interaction/interview with the Ward from 1.00 PM to 3.30 PM twice in a month on 1st and 4th Saturday. However, respondent is said to have not adhered to aforesaid directions and continued to commit breach and violation thereof, so he filed contempt petition on 25th April 2016, in which notice was issued to respondent. During pendency thereof, respondent also filed application seeking modification of order dated 19th October 2015 on the ground that she had been appointed as Lecturer, making it difficult for her to produce the ward on two Saturdays as both the days were working days and the time fixed for meeting was also creating a lot of trouble in discharging her duties as she had to leave in the middle of working days. This application was disposed of vide order dated 8th August 2017, directing production of ward in a month on 1st and 3rd Saturdays for meeting and conveyance charge was to be borne by appellant. It is also contended that appellant also filed an application in aforesaid contempt petition and sought modification of aforesaid two orders dated 19th October 2015 and 8th August 2017, by directing respondent to allow appellant full-fledged meeting with minor in and outside the four walls of District Mediation Centre and during interaction of appellant, respondent be directed to stay away from intimate zone and further his grandparents be also allowed to interact with the minor child in the District Mediation Centre. It is also averred that despite orders and directions passed by the court below, respondent continued to flout the same. According to appellant, respondent did not implement the orders of the court below, so he filed second contempt petition, but the court below is stated to have passed order impugned, of which he is aggrieved.
3. I have heard learned counsel for parties and considered the matter.
4. Learned counsel for appellant has stated that impugned order has been passed at the back of appellant and without hearing him and that appellant was himself pleadings the case before the court below and the said case was listed on 11th November 2020, when the court directed counsel for respondent to file written arguments and the case was posted for 2nd December 2020. Counsel for respondent filed written arguments on 2nd December 2020 and the matter was posted for 17th December 2020, on which date appellant was absent and the court below heard arguments of counsel for respondent and posted the case for appropriate orders on 26th December 2020, on which date impugned order came to be passed. It is also contended that impugned order is not based on facts.
5. Aforesaid submissions of learned counsel for appellant as also those averments/grounds raised in the memo of appeal are misconceived. The reason being that impugned order is comprehensive and takes in its fold all aspects of the matter that were required for court below to take care of while passing impugned order. When impugned order is looked into, it does not suffer from any infirmity as projected in instant appeal. Last but one paragraph of impugned order is appropriate to be reproduced, in view of the case set up by appellant, hereunder:
'However, keeping in view the
AI
The welfare of the minor child and the grant of visitation rights were central to the court's decision.
A party who is fully aware of the court orders and acts in violation thereof, commits contempt of court, even if the party did not appreciate that the act or omission breached the order.
The court reaffirmed that the welfare of the child is paramount in custody and visitation disputes, justifying modifications to visitation rights in contempt proceedings.
The court reaffirmed that the welfare of the minor child is paramount, emphasizing the necessity for strict compliance with custody orders.
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