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1 MCC-4372-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

MCC No. 4372 of 2025

(AFHAM QURESHI Vs AYESHA QURESHI )

Dated : 29-01-2026

Shri Manu Maheshwari, learned counsel for the applicant.

Shri Akash Rathi, learned counsel for the respondent.

This petition has been filed alleging non-compliance of the order

passed by the Principal Judge, Family Court, Indore in MJC/GW/23/2024 on

19.08.2025, whereby the applicant was given visitation rights to meet his

child aged about 3 years.

The allegation in the application is that the respondent is deliberately

avoiding compliance of the said order and is not bringing the child for

meeting with the applicant.

During the course of the arguments, it was informed by the learned

counsel for the respondent that vide order dated 27.11.2025, the Family

Court changed the place of visitation. Earlier, the direction was that to keep

the child available at the Family Court between 12:00 to 3:00 PM, four times

in a month. However, subsequently, the place of visitation was changed to

the visitation room at the High Court and further by a subsequent order

dated 27.01.2026, the visitation was changed to three times in a month.

Learned counsel for the respondent submits that after the change of the

place of visitation, the applicant has visited and met the child on three

occasions.

Learned counsel for the applicant submits that although the respondent

Signature Not Verified

Signed by: ANUSHREE

PANDEY

Signing time: 30-01-2026

14:52:22

2 MCC-4372-2025

claims that the child has met the applicant on three occasions, the respondent

is not adhering to the timings fixed by the trial Court in the visitation order.

He further submits that the respondent deliberately brings the child late and

takes the child away within a very short duration. As such, the allegation is

that the applicant is not being provided effective visitation during the

stipulated time of 12:00 to 3:00 PM. He also submits that it is also not true

that the respondent has permitted the applicant to meet the child three times

after the order dated 27.01.2026.

Be that as it may, the Court while directing visitation rights, kept in

mind the paramount consideration of the welfare of the child. It is now well

settled by repeated pronouncements of the Hon'ble Apex Court that the

welfare of the child is of paramount consideration and the same must be

borne in mind while passing any order relating to visitation or custody. It has

also been repeatedly held by the Hon'ble Apex Court that the company of

both the parents is essential for the proper development and mental growth of

the child.

Considering the law as referred to above, the order passed by the

Family court granting visitation rights to the father is required to be adhered

to religiously by the respondent. As such, the present case is being adjourned

at this stage for the limited purpose of observing the conduct of the

respondent / wife for next three months, particularly whether she adheres to

the timings fixed by the Family Court and remains present with the child at

the place so directed.

As such, list the case in the first week of May, 2026.

Signature Not Verified

Signed by: ANUSHREE

PANDEY

Signing time: 30-01-2026

14:52:22

3 MCC-4372-2025

It is hereby clarified that if any exigency arises whereby it is not

possible for the respondent to bring the child for meeting with the applicant,

then prior information in this regard along with a proposed alternate date,

shall be communicated in advance to the applicant. In case of any dispute,

appropriate application shall be filed before the Family Court.

(PAVAN KUMAR DWIVEDI)

JUDGE

Anushree

Signature Not Verified

Signed by: ANUSHREE

PANDEY

Signing time: 30-01-2026

14:52:22