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1996 Supreme(P&H) 1000
PUNJAB & HARYANA HIGH COURT
Iqbal Singh, J.
Faqir Chand
Versus
Savita Mittal
Criminal Writ Petition No. 727 of 1996,
Decided On : JULY 10, 1996
The welfare and interest of the children, including the importance of the warmth and love of their grandparents for their upbringing, influenced the court's decision.
Headnote:
Custody - Grandparent Visitation Rights - The court directed the petitioner and his wife to have access to the grandchildren at the respondent's residence on Saturdays and Sundays, emphasizing the importance of the children having the warmth and love of their grandparents for their welfare and upbringing.
Fact of the Case:
The petitioner, a grandfather, sought custody of his deceased son's minor children for 15 days a month and access to them for at least two hours once a week. The respondent, the children's mother, did not object to the petitioner and his wife visiting the children at her residence on weekends.
Finding of the Court:
The court emphasized the welfare and interest of the children, acknowledging the importance of the warmth and love of their grandparents for their upbringing. It directed the petitioner and his wife to have access to the grandchildren at the respondent's residence on weekends, considering the children's living arrangements and their ages.
Issues: Custody and visitation rights of grandchildren for the petitioner, and the welfare and interest of the children.
Ratio Decidendi: The court's decision was influenced by the welfare and interest of the children, emphasizing the importance of the warmth and love of their grandparents for their upbringing.
Final Decision: The court directed the petitioner and his wife to have access to the grandchildren at the respondent's residence on Saturdays and Sundays, considering the children's living arrangements and their ages.
Iqbal Singh, J.
1. This is a petition by grand-father whose only son has died leaving behind his widow and two minor children. The petitioner wants that the children be given to his custody for at least 15 days in a month and seeks access to his grand-children for himself and his wife for at least two hours once in a week either on Saturdays or Sundays. In the return to the petition, Smt. Savita-respondent has raised some preliminary objection which need not be come into and the only relevant thing is the welfare and interest of the children and allowing access of the children to their grand parents. The Counsel for the respondent-Savita Mittal has no objection to the visit of the petitioner and his wife to the residence of the respondent at Ambala on Saturdays and Sundays. He also stated during the course of arguments that there is no objection to their staying with the children and rightly so because to grow as a good citizen and better human being the children must have the warmth and love of their grand parents. During the course of arguments, it is stated that certain litigation is also pending at Ambala and the Counsel for the petitioner states that he is going to withdraw the same as it was filed on wrong advice. This is unfortunate that this litigation started on account of the custody of children for no fault of theirs. They should not be allowed to suffer and deprived of the love and affection of the parties. It is, therefore, directed that the petitioner and his wife will be at liberty to visit the grand-children at the house of respondent at Ambala on every Saturday and Sunday. Since the children are living with their mother, it will not be possible for them to remain with the petitioner for 15 days in a month as the daughter is 6 years and son is 1½ years old as has come during the course of arguments, as it may affect their study and upbringing.
2. However, it will be open to the mother respondent to visit the petitioner alongwith children whenever she likes.
