NAFR

(Cause-title taken from Case Information System)

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Judgment on Board

Per Ramesh Sinha , Chief Justice

1. Heard Dr NK Shukla, learned Senior Advocate appearing along with Mrs. Surya Kawalkar Dangi, learned Advocate for the Appellant.

2. This Appeal under Section 19 of the Family Courts Act, 1984 has been preferred by the Appellant-husband calling in question the legality, validity and propriety of the order dated 14.05.2026 passed by the learned Principal Judge, Family Court, Bilaspur in Guardians and Wards Act Case No. 8/2026 (Amit Kumar Tiwari v. Sonam Tiwari), whereby the Appellant's application seeking interim custody of the minor child has been rejected and limited interaction with the child through weekly video calls has been permitted.

3. This Appellant herein has made the following prayer:-

i. allow the present appeal and set aside the order dated 14.05.2026 passed by the learned Principal Judge, Family Court, Bilaspur in Guardians and Wards Act Case No. 8/2026 and to kindly grant the interim custody of the minor child Sanaaya Tiwari to the appellant/ father;

ii. In alternative, to grant visitation rights to the father twice a week for three hours and to grant daily contact rights for 45 minutes through video calling.

iii. grant the appellant visitation with the minor child on both days of every weekend, namely Saturday and Sunday together, by permitting the minor child to come to, to stay at and to play at the appellant's residence at Bilaspur, which the child affectionately calls her "new house", so that the child may spend at least two days of the weekend at her said new house, where all her toys, books and clothes are kept and where she is happy and comfortable, the same being conducive to her happiness, emotional well-being and overall growth and development;

iv. direct the respondent not to obstruct, tutor, record, interfere with or create emotional pressure upon the child during video calls or physical visitation;

v. direct the Registry of the learned Family Court, Bilaspur to forthwith preserve, and thereafter to furnish to the appellant a certified copy (with the certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 / Section 65-B of the Indian Evidence Act, 1872) of, the CCTV footage of the Family Court premises (court hall, corridor and child-counselling / Kilkari Room) for 14.05.2026 between 3:00 p.m. and 4:30 p.m.;

vi. direct that the respondent shall not block, delete, conceal or restrict the appellant's contact number or any means of digital contact on the device(s) used by the minor child, and shall ensure that the minor child is able to receive and make calls to the appellant without impediment;

vii. permit the appellant to send gifts, toys, books and study material to the minor child, and direct that the same shall not be withheld from the child;

viii. permit and direct that the appellant be allowed to provide for, arrange and bear the cost of the minor child's special education, schooling, therapy and developmental requirements;

ix. pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

4. Brief facts of the case are that the Appellant and the Respondent are husband and wife and out of their wedlock a daughter was born on 01.05.2015, who is stated to be a special-needs child suffering from Autism Spectrum Disorder and allied developmental conditions. The minor child is presently residing with the Respondent-mother. The Appellant has instituted proceedings under the Guardians and Wards Act before the learned Family Court seeking custody of the minor child and during pendency of the said proceedings, also filed an application for grant of interim custody/visitation rights. By the impugned order dated 14.05.2026, the lear