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Visitation Rights Of Father – “Child’s Natural Right To Know And Meet His Parents Is Near Perfect”

Allahabad High Court

Neutral Citation No. – 2024:AHC:107425-DB

Court No. – 39
Case :- FIRST APPEAL No. – 576 of 2024

Appellant :- Priyanka Agarwal
Respondent :- Abhishek Agarwal

Counsel for Appellant :- Diwakar Tiwari

Hon’ble Saumitra Dayal Singh,J.
Hon’ble Donadi Ramesh,J.

1. Heard Sri Diwakar Tiwari, learned counsel for the appellant and perused the record.

2. Present appeal has been filed against the order dated 27.05.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Aligarh in Case No. 200 of 2023 (Abhishek Agarwal Vs. Priyanka Agarwal). By that order, pending the custody matter the learned court below has provided for visitation rights to the respondent to meet his child on one Sunday in a month that too for three hours at a public place.

3. Submission of learned counsel for the appellant that the said order is without jurisdiction is noted to be rejected. The child’s natural right to know and meet his parents is near perfect. To the extent the visitation right granted by the learned court below does not alter the status of the custody of the child and to the extent it is seen to be in the best interest of the child to continue to meet and know his father through limited interactions pending the custody matter, no interference is warranted in the present appeal.

4. All objections being raised by the appellant may remain to be examined and tested at the stage of final hearing of the proceeding.

5. Accordingly, the present appeal is dismissed.

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Order Date :- 3.7.2024

(Donadi Ramesh, J.) (S. D. Singh, J.)

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