Judicial affirmance of child visitation rights hinges on welfare principles and compliance requirements.

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

17 15-12-2025 The instant appeal challenges an order passed in Custody Case No. 02 of 2015 by the learned Principal Judge, Family Court, Kaimur at Bhabua on 7^th May, 2019, by the following order:-

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“ vkosnd izR;sd ekg esa nks ckj iwjs fnu ckyd dkUgk iVys dks mlds firk ¼vkosnd½ mlds u, eka ds lkFk jgus dk foi{kh muls bZPNkuqlkj volj nsxk rFkk vkosnd gj ekg esa nks ckj dkUgk dqekj ls feysxk rFkk ifjiDo Hkkoukvksa vkSj vkosnd ls lgt o`fRr ds vuqlkj tc dkUgk dqekj fgy&fey tk,xk rks vkosnd mldh vfHkj{kk izkIr djus dk iqu% U;k;ky; esa vkosnu ns ldrk gSA”

2. It is submitted by the learned Advocate for the appellant, who happens to be the father of the minor child, that the said minor child has been residing with his maternal grandfather and maternal grandmother at Banaras.

3. The Trial Court did not grant custody of the said child in favour of the appellant considering the paramount welfare and best interest of the child. However, the Trial Court permitted the father/appellant to stay with his son twice in a month for the whole day.

4. It is submitted by the learned Advocate for the appellant that the appellant is aggrieved because of the fact that even such order having been passed by the learned Principal Judge, Family Court, the maternal grand parents of the child did not allow the father/appellant the right of visitation with his minor son.

5. The learned Advocate on behalf of the respondent, on the other hand, submits that if the father of the minor comes to the house of the maternal grandfather, after giving a notice of seven days, the child will be allowed to stay with his father and the visitation right of the father shall be protected.

6. In view of such undertaking made by the learned Advocate on behalf of the respondent, maternal grandfather, we are disposing of the instant appeal, affirming the order passed by the learned Principal Judge, Family Court, Kaimur at Bhabua in Custody Case No. 02 of 2015, passed on 7^th May, 2019 with further direction that the respondent/maternal grandfather shall allow the appellant/father his right of visitation with his child either in his house or in any common place agreed upon by and between the parties, on sending an information by the appellant at least seven days before the date of visitation, expressing his intention to visit the child.

7. If the said order is not complied with, the appellant is at liberty to comply with the order taking recourse of police’ help of the jurisdictional P.S. either at Bhabua or at Banaras, as the case may be.

(Bibek Chaudhuri, J.)