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Child Visit

The document is an application filed in family court seeking visitation rights for the applicant's minor son. It discusses the applicant's right to visit and spend time with his son. It cites past court cases establishing the right of children to spend time with both parents and the importance of both parents having a relationship with their children.

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Prachi Gupta
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254 views6 pages

Child Visit

The document is an application filed in family court seeking visitation rights for the applicant's minor son. It discusses the applicant's right to visit and spend time with his son. It cites past court cases establishing the right of children to spend time with both parents and the importance of both parents having a relationship with their children.

Uploaded by

Prachi Gupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HON’BLE COURT OF PRINCIPAL JUDGE,

FAMILY COURT, GHAZIABAD COURT, UTTAR PRADESH

I.A. NO. ____ OF 2022

IN THE MATTER OF:

SANDEEP RUNGTA …
PETITIONER
VERSUS
SWATI MITTAL …
RESPONDENT

INTERIM APPLICATION ON BEHALF OF APPLICANT


NAMELY, SANDEEP RUNGTA UNDER SECTION 151 OF
THE CIVIL PROCEDURE CODE SEEKING VISITATION TO
THE APPLICANT’S MINOR SON.

MOST RESPECTFULLY SHOWETH:

1. That the facts of the case are not being repeated for

the sake of brevity.

2. That since the Respondent left the company of the

Applicant, the Applicant and his family members are

not even allowed to visit the minor child and spend

time with him.

3. That the Applicant apprehends estrangement with his

minor child due to lack of interaction with him. The

minor child of the Applicant is at a growing age and

there exists a dire need of frequent visitation to avoid

estrangement.
4. That it is the inalienable right of every minor child to

have free access to his or her parents, including the

Non-Custodial Parents for an appropriate time so as to

develop a bonding, love and affection with parents.

5. That this Hon’ble court needs to ascertain benefit to

the child of having spent equal or substantial or

significant time to develop a meaningful relationship

with both the parents and to ensure and implement

the overnight access so that the child gets love and

affection of not only both the parents but also the

grandparents ensuring that the family heritage is

maintained; and ensuring the need to protect the child

from physical or psychological harm and from being

subjected to or exposed to abuse neglect or family

violence.

6. That one of the fundamental rights of child is to get

love and affection from both parents irrespective of

their personal conflicts, right to quality of life and

survival, right to be cared for, right to develop a sense

of belonging, right to participate fully in family,

cultural and social life.


7. That it is significant to be noted here with respect that

the Head of Department of Applied Psychology,

University of the Punjab, while submitting her

recommendation in Writ Petition bearing No.

28566/11 has suggested that “Family matters,

particularly those involving need empathetic procedural

facilitation to mitigate the negative effect of ongoing

trauma faced by the child after having his/her parents,

grandparents and significant others being divided. The

foremost importance should be the welfare and

betterment of the minor child which may be determined

and decided without getting into the procedural

technicalities. E.g. the schedule of visitation and venue

of visitation should be negotiated and finalized at a

very early stage of litigation keeping in view that the

non-custodial Parent is not a lesser one and has also

been affected emotionally and psychologically. Delays

in court proceedings keep children from meeting their

non-custodial parents for months and in some cases for

years and the lapse of time in such cases may be fatal

for the psychological growth of the minor child and

his/her relationship with his/her Non-Custodial Parent.

With the passage of time it is easy to change the

innocent mind. Within months due to lack of interaction

with non-custodial Parent and probable brainwashing


by the custodial parent and his/her family, the child

may start forgetting and in many cases disliking the

non-custodial parent who once used to be extremely

dear and loved one.”

8. That in the case of Huidrom Ningol Maibam Ongbi

Omila Devi vs. Inaobi Singh Maibam, 2017 (2) RCR

(Criminal) 545, the Hon’ble Manipur High Court held

that: “On the other hand, if it is held that the husband,

in absence of any application for grant of custody, can

maintain his application for visitation right will advance

the object of the provision as in case of child being in

custody of the husband, application for custody can be

filed by the wife wherein the husband can have a

visitation right if order is of custody of child passed in

favour of the aggrieved party. In other situation, when

the custody of the child lies with the wife, there would

be no occasion for the wife for filing an application for

custody as it has happened in the instant case. In that

situation, husband will have remedy to have visitation

right by filing application to that effect.”

9. That in the case of Anuj Chaturvedi vs. Jyoti, SLP(C)

6303/2017, the Hon’ble Supreme Court without

interfering into the ongoing custody litigation granted

liberty to the father to approach the Family Court for


enhancement of the visitation rights saying that “A

child has a right to the affection of both his parents and

the Family Court shall ensure that visitation rights are

granted in such a manner. The Family Court may also

make suitable arrangements for visitation/interim

custody during vacation periods. Obviously, the Family

Court has to keep the interest of the child at the

foremost.”

PRAYER

In the view of the above, it is most respectfully prayed that

this Hon’ble court be pleased to:

i. Allow present application.

ii. During the pendency of the litigation for the custody of

the child, allow the Applicant to visit his child every

week.

iii.Also the child be allowed to visit his paternal home on

festivals, birthdays or any other family occasions.

iv. Pass any other order which the court deems fit and

proper in the interest of justice.

It is prayed accordingly.

APPLICANT
THROUGH COUNSEL

ASGHAR KHAN & ASSOCIATES


Ch. No. 498, Patiala House Courts,
New Delhi
Mob: 9811045583
PLACE: GHAZIABAD
DATE: 12.05.2022

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