Back
IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Saurav Raiguru – Appellant
Versus
Ananya Mishra – Respondent
| Table of Content |
|---|
| 1. petitioner seeks visitation rights for child. (Para 1 , 2 , 3) |
| 2. arguments for petitioner's visitation rights. (Para 4) |
| 3. opposition's justification for denying visitation. (Para 5 , 8) |
| 4. court's observation on application for visitation. (Para 6 , 7 , 10) |
| 5. enforcement of visitation rights and welfare of child. (Para 11 , 12 , 13) |
| 6. definition and importance of visitation rights. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 7. conclusion on visitation order and conditions. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
S.K. Mishra, J.
1. Impugned is the order dated 20.03.2025 passed by the learned Judge, Family Court, Cuttack in C.P No.299 of 2024, vide which the following prayers of the Petitioner under Section 151 of CPC for visitation rights to meet with his infant son, namely, “Shlok Raiguru”, stood rejected:
“a. The Petitioner/husband and his parents may be allowed visitation rights to see his son, Baby Shlok Raiguru, on each Sundays of the month at Cuttack preferably at Hotel Promod Convention between 03-05 P.M. and he may be permitted to give gifts for his son.
b. Once in a weekday (Wednesday 3 PM) whatsapp video call for 15 mons with Shlok.
c. Shlok will spend a few hours on
A natural parent has a right to visitation with their child unless serious allegations against them are substantiated, prioritizing the child's welfare and emotional bonding.
Visitation rights are critical for the welfare of children in custody disputes, and courts must uphold these rights unless substantial evidence suggests otherwise.
Custody of child – Court is required to decide issue of visitation on the basis of what is in best interest of child.
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
Visitation / talking rights given to the biological father of the child Ms.Rashi of Mr.Suryakant Goel need not continue, as it may have adverse psychological effect on the child Ms.Rashi who is of te....
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
