The court granted temporary custody and visitation rights to the father, emphasizing the importance of parental access during holidays.

J U D G M E N T

(Judgment was delivered by S.S. SUNDAR, J. )

The above Appeal is filed by the father of minor children and husband of the respondent as against the order of the learned Single Judge dated 25.10.2024 made in A.No.4915 of 2024 in O.P.No.280 of 2023.

2.The appellant/father filed the petition in O.P.No.280 of 2023 under Guardian and Wards Act, 1890 , for custody of minor children. The appellant/father, during pendency of the petition in O.P.No.280 of 2023, filed the application in A.No.4915 of 2024 for visitation rights, i.e., to allow overnight access of his minor children, by name Varsha Venkat and minor son by name Raghav Venkat, for 10 days during Diwali holidays from 26.10.2024 to 04.11.2024. The second prayer in the said application is in respect of visitation rights on the second spell from 23.12.2024 to 06.01.2025 during Christmas vacation.

3.After having an interaction with the parties and the children, the learned Single Judge passed an order dated 25.10.2024 regarding the visitation rights of the appellant/father with certain restrictions. Challenging the order of the learned Single Judge, the father has filed the above Appeal.

4.The grievance of the appellant in this Appeal is about the denial of the legitimate right of the father/appellant, who is in abroad and is visiting India only to see his children, to have the company of his children. A few allegations were also made by the appellant that he was not able to see his children. The appellant was very particular for overnight stay with the children and complained that the learned Single Judge, for no reason, rejected his request.

5.During the pendency of the Appeal, this Court passed an order on 29.10.2024, permitting the appellant/father to take the minor children so that the father will spend one night with the minor children. However, the respondent/mother, in willful disobedience of the order of this Court, refused to hand over the children under false pretext. Since this Court was inclined to initiate suo motu contempt, the respondent has filed an affidavit stating that she had no intention to disobey the orders of this Court and partial non-compliance was on account of non-cooperation of the children. She has, in her affidavit, agreed and expressed her unconditional willingness to abide by any order as may be passed by this Court regarding visitation rights of the husband/appellant on the Christmas vacation.

6.After hearing the learned counsel on either side and considering the grievances of the appellant, this Court is inclined to pass the following orders : i. The appellant is permitted to have temporary custody of the minor children for two days, i.e., from 08.00 p.m. on 23.12.2024 to 09.00 p.m. on 25.12.2024. ii. Similarly between 26.12.2024 and 03.01.2025, the appellant is permitted to take the minor children every alternative day, i.e., the petitioner is permitted to take the temporary custody of minor children on 26.12.2024 and thereafter on 28.12.2024, 30.12.2024, 01.01.2025 and on 03.01.2025. In all these occasions, the appellant will have the custody from 08.00 a.m. to 09.00 p.m. iii. As stated by the respondent, in case the minor children are required to attend classes or special class, or to visit any Doctor or require any medical attendance or speech therapy that is required for the minor son, it is the responsibility of the appellant to see that the interest of the minor children is taken due care. The appellant is permitted to take the minor children to any shopping mall or any other place within the city and it is the sole responsibility of the appellant on the days when he is having the custody of the minor children.

iv. Regarding the third spell between 04.01.2025 and 06.01.2025, the appellant is permitted to take the custody of the minor children from 05.01.2025 at 08.00 a.m. to 06.01.2025 at 09.00 p.m.

v. Since we have already directed the appellant to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only), it is the responsibility of