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ALLAHABAD HIGH COURT
Saumitra Dayal Singh and Donadi Ramesh, JJ.
Priyanka Agarwal – Appellant
versus
Abhishek Agarwal – Respondent
First Appeal No.576 of 2024
Decided on 3.7.2024
Counsel for the Parties:
For the Appellant:Diwakar Tiwari, Advocate
IMPORTANT POINT
Custody of child – Child’s natural right to know and meet his parents is near perfect.
Headnote:
Guardians and Wards Act, 1890 – Sections 7, 8, 9 and 10 – Custody of child – Grant of visitation rights to respondent pending custody matter – Child’s natural right to know and meet his parents is near perfect – To the extent visitation right granted by court below does not alter status of custody of child and to the extent it is seen to be in best interest of child to continue to meet and know his father through limited interactions pending custody matter, no interference is warranted in present appeal. (Paras 3 and 5)
Result: Appeal dismissed.
JUDGMENT
Heard Sri Diwakar Tiwari, learned counsel for the appellant and perused the record.
2. Present appeal has been filed against the order dated 27.05.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Aligarh in Case No. 200 of 2023 (Abhishek Agarwal Vs. Priyanka Agarwal). By that order, pending the custody matter the learned court below has provided for visitation rights to the respondent to meet his child on one Sunday in a month that too for three hours at a public place.
3. Submission of learned counsel for the appellant that the said order is without jurisdiction is noted to be rejected. The child’s natural right to know and meet his parents is near perfect. To the extent the visitation right granted by the learned court below does not alter the status of the custody of the child and to the extent it is seen to be in the best interest of the child to continue to meet and know his father through limited interactions pending the custody matter, no interference is warranted in the present appeal.
4. All objections being raised by the appellant may remain to be examined and tested at the stage of final hearing of the proceeding.
5. Accordingly, the present appeal is dismissed.
