IMPORTANT POINT
While considering custody/interim custody of minor child welfare of minor child is paramount.

JUDGMENT (ORAL)

V. Kameswar Rao, J.—

CM Appl. 59385/2023

Exemption allowed subject to all just exceptions. Application stands disposed of.

CM Appl. 59384/2023

This application is filed by the appellant seeking condonation of delay of 16 days in filing the present appeal. For the reasons stated in the application, the same is allowed. Application stands disposed of.

Mat.APP.(F.C.) 341/2023

The challenge in this appeal is to an order dated September 13, 2023, whereby the learned Family Court while considering the application filed by the respondent herein under Section 12 of the Guardianship and Wards Act,1890, has directed as under:-

“Ld. Counsel for the respondent states that the respondent is residing at Arunachal Pradesh and she has no objection if the petitioner comes to Arunachal Pradesh to meet the minor child. Ld. Counsel for the respondent further states that the petitioner works in Dubai, therefore, he can not take care of the minor child. Ld. Counsel for the respondent further states that the present petition is filed just to harass the respondent. In rebuttal learned counsel for the petitioner states that the respondent is residing in disturb area of Arunachal Pradesh, therefore, the petitioner can not go to there as he has risk of his life and the respondent is residing there as it is her native place but she has been residing in Delhi for last 20 years. Ld. Counsel for the petitioner furher states that respondent has shifted to Arunachal Pradesh as she knows that the petitioner can not visit Arunachal Pradesh.

The minor child is about three years old and at this tender age he needs love and affection of both the parents. It is well settled law that while considering the custody/interim custody of the minor child the welfare of the minor child is paramount. In the case in hand it will be in the welfare of the minor child if visitation rights are granted to the petitioner being father of the minor child. Hence, in the interest of justice, the respondent is directed to bring the minor child to Children Room, Family Courts, Saket, New Delhi on every 3rd Saturday of every month at 02 PM so that the petitioner/father can meet the minor child on 3rd Saturday of every Month from 02:00 PM to 04:00 PM under the supervision of the respondent/mother till further orders. The respondent is further directed to allow the petitioner to have video call with the minor child on every Sunday from 04:00 to 05:00 PM. If the respondent due to some unavoidable circumstances is unable to bring the child for visitation on 3rd Saturday of the month or the 3rd Saturday happens to be holiday then the she would inform in advance to the petitioner through Whatsapp message/e-mail and the visitation shall take place in a such situation on 4th Saturday of the same month. If the petitioner due to some unavoidable circumstances is unable to come to Family Courts, Saket, Delhi on 3rd Saturday for visitation to meet the minor child then he would inform in advance to the respondent through Whatsapp message/e-mail and he will lose his visitation rights for the said month. The petitioner is directed to give the air ticket fare of both the respondents and minor child for every visitation day in addition to Rs.5,000/-. The parties are directed to behave with maturity and see that the order of the Court is strictly complied with. The application U/s 12 of Guardian and Wards Act is disposed of accordingly. So far as the application of the respondent U/s 151 CPC for permanent exemption, from physical appearance is concerned the respondent can appear through VC however, her main counsel should be present in the court and the matter should not be delayed due to the absence of the respondent. The application U/s 151 CPC for permanent exemption of the respondent is disposed of accordingly.”

2. The submission of learned counsel for the appellant primarily is that the child is only 3 ½ years of age and the appellant has been directed to travel along with her child