Before  Hon’ble  Court  of               , at     .

 

In matter of  :–

Mr.xxxx              —–

Vs

Mrs. YYYY—–

Case no

 

Application on Visitation to minor, application dated     pending before Hon’ble Court being submitted on       , requesting urgent orders to protect rights of child under article 39f & prevention of minor being used as tool in trial court.

 

Respectfully showeth,

That the applicant  most respectfully submits as under:-

1. That case titled as above is pending before this Hon’ble Court for ——————– for awarding verdict on visitation rights application pending since ——date—–before the Honorable trial Court.

 

2. The UNCRC – United Nations Convention on the Rights of the Child (UNCRC) a clarion of worldwide movement and the pinnacle of international effort “to promote the basic needs of children as fundamental human  rights”  is a remarkable and wonderful gift to the children which is given a ‘go by’ by our current legal system. (India along with 193 countries has also agreed to undertake the obligations of the Convention by ratifying to it as on December 2008)

 

3. That in light of Article 39 (f) of Indian Constitution state that the tender age of children is not abused and children are to be given opportunities and facilities to develop in a healthy manner and childhood is protected against exploitation and against moral and material abandonment.

 

4. That the Hon’ble trial court needs to clearly distinct between the Rights of the Minor Child Arav Singh versus the Rights of a Parent (which invariably ends up being interpreted as Rights of only the mother).

 

5. That the Hon’ble Court needs to ascertain benefit to the child of having spend equal or substantial or significant time to develop a meaningful relationship with both the child’s parents and to ensure an implement of overnight access so that the child gets love and affection of not only both the parents but also of grandparents, uncles , aunties, cousins etc thereby ensuring that the family heritage is maintained; and ensuring the need to protect the child from physical or psychological harm. & from being subjected to, or exposed to, abuse, neglect or family violence.

 

6. That one of the fundamental rights of the children is to get love and affection from both the parents (irrespective of parent’s conflict), right to quality of life and survival, and right to be cared, right to develop a sense of belonging, right to participate fully in family, cultural and social life. & the argument that Family Courts Act section 10(3) does not hold in this JMIC Court should not be sheltered to prolong psychological harm from being subjected to neglect of even fundamental rights of love and affection from paternal family, when electronic evidences against petitioner and her counsel already submitted in reply to DV act plaint along with affidavit.

 

7. That the child’s lifelong emotional health and stability is paramount and for that they must grow up with feelings of love and respect towards both maternal and paternal families & must not be weighted with affluences and wealth & maintenance are totally different issues.

 

8. That Hon’ble Court must differentiate between Right of Guardianship and Right to visitation … arbitration of petition U/s 25 of Guardian and Wards Act must not be considered as restrain to allow interim visitation to minor to Non Custodial Paternal family separated since long 20^th July 2014.

 

9. That the Honorable trail court has not considered data CD containing and its transcript and the OP counsel is a coconspirator in the case and has misguided the court in reply to visitation rights application submitted on 2^nd Aug 2018.

 

10. In reply to visitation rights application, preliminary objections it is stated in para 2 that court has no efficacious remedy? If Visitation rights to (respondent no-2 / 73Yrs Paternal Grand Parent) is not allowed U/s 21 of DV Act? & Yes this Court stands misguided by the OP counsel? If a paternal grand father 73Yrs old can seek the visitation rights of minor from this court?

 

11. The rights of the minor child stand murdered by petitioner —–and her father—- as stated in police report Exhit Res-A dated submitted with memo, “…JAB TAK COURT KA KOI FAISLA NAHI AA JATA  TAB  TAK MEIN AAPNI LADKI KE BETE AARAV KO USKKE PITA  WAH  DADA JI  KO  YA USKE PARIVAR  KE  KISI  SADASYA  SE  MILNE  NAHI  ”

 

12. That the copy of email of – WhatsApp chat history of XXXXXXXXXX – is being submitted as Exhibit Res-A2 further to establish authenticity of WhatsApp threat message received from XXXXXXXX.

 

13. That the sanctity of the present suit in the Hon’ble Court stands in question as to why the court has not even considered the electronic evidences submitted in court against the petitioner / Wife. Why the Hon’ble trial court stands blinded by the OP counsel.

 

Prayer:-

It is most respectfully prayed by non custodial paternal grand father (73Yrs) is seeking protection of visitation rights & prevention of abuse of rights may be granted as per below stated provisions in the interest of justice & proviso any faith in article 14 & 21 of Indian constitution:-

1. That love and affection from paternal grand father is birth right of minor (as per UNCRC) to be granted via this court and pending since 1^st July 2017 and minor being alienated since 20^th july 2014(4 Yrs).

 

2. That the court may prevent the abuse of minor as a tool to gain property from paternal family as stated in whatsapp threat message received from XXXXXXXXXX (Proviso any faith in article – 39f Indian Constitution  & placing reliance upon Hon’ble Apex Court judgment in Anwar P.V. Vs P.K. Basheer & Ors, Civil Appeal 4226 of 2012  on 18^th Sep 2014).

 

3. That it is further prayed that the paternal grand parents may be entitled to participate in child’s special school events / function (15^th Aug, 2^nd Oct, 26^th Jan, sports events, prize distribution events), school programs, extracurricular activities and for that reason the visitation rights order may mention the direction to School Authorities DAV Radaur Yamunanagar & SP Ynr to provide protection during visitation at school, religious festivals, parent teacher meeting for making interaction possible and school to provide regular information / schedule of functions of minor and school holidays on email- abcdefg@femail.com .

 

4. That the school authorities may be directed to provide contact no of the principal & Head Master, Physical Education teacher etc. for facilitating proper visitation of minor by Non custodial paternal family inside school on events inside school.

 

5. That the court may direct custodial maternal family to provide the adequate and clean clothing for minor during visitation and minor may be freely permitted to interact with non custodial paternal family and child protection officer Ynr & SP Ynr may be directed to comply with the order of this court and fortnightly visitation on Saturday between 9AM to Sunday 4:00PM with night stay on saturday at paternal family residence, excluding time of travelling at the house of non custodial paternal family (HNo 498, Sec-23, Faridabad) and custodial maternal family may be directed to produce the minor on Saturday at 9AM at paternal family residence and collect at Sunday 4:00PM with the clothing of minor from paternal family residence and overnight access may be provided for strengthening of bond of love and affection which is right of every minor child.

 

6. That custodial maternal family may be directed to provide free interaction with minor daily by making whatsapp video call on daily basis for 20 minutes to 92XXXXXXXX (Mobile no of Respondent no-2) daily between 8PM & 8:20PM for ensuring welfare of minor and love and affection with paternal grand father / respondent no -2.

 

7. That it is further prayed that the minor child & respondent have a emotional and psychological bond and needs to be restored and strengthened through grant of frequent visitation of 50% of school vacation during each year & if non custodial paternal family is denied 50% of school visitation, he be compensated with complete vacation during the subsequent year as in present case denial since 20^th July 2014 of access of minor child Aarav.

 

8. That it may further be ordered that the child shall celebrate his birthday with night stay on 21^st July, at the house of non custodial paternal family every year and the Custodial maternal family  may be directed to produce the child at 9Am on his birthday at the residence of non custodial paternal family on every birthday and take him back next day 22^nd July at 4PM or completion of 19Hrs of stay.

 

9. That it is prayed that the non custodial paternal family shall have the first choice of right to the child’s school annual vacation and he may inform the School, Superintendent of Police Ynr and Op Counsel and mother and maternal family on email (if provided) 24Hrs before  for having access of minor during school annual vacation holidays. (summer/winter/diwali/dusshera).

 

10. That adequate warning / penalty may be imposed for conduct of OP counsel in the visitation orders as he has been constantly misguiding this Honble court by even denying the basic and fundamental right of visitation and has used every trick and tort for delay in reply and pressurized respondent no-1 for withdrawal, though respondent no-1 & respondent is separate respondent for visitation in this Hon’ble court & if compliance of these orders of visitation is inhibited by any one the warning / termination of Bar license / any other suitable provision  for adequate action on OP Counsel and custodial maternal family be issued in welfare of minor for any inhibition to orders of fundamental visitation rights U/s 21 of DV act.

 

11. That it is further prayed that the paternal grand parents birthday may be ordered to be celebrated along with minor at the residence of non custodial paternal family and the minor may be ordered to be provided on 9^th Nov and 15^th July at the residence of non custodial paternal family for 6 Hrs at 9 AM and taken back at completion of 6 Hrs by custodial maternal family.

 

12. That it is further prayed that the custodial Maternal family may be given warning to prevention of alteration, manhandling by levying acquisition of kidnapping of child on paternal family during local visitation at Radaur or at School and no member of custodian maternal family be allowed to inhibit visitation and if any incident of altercation or manhandling happens it must be dealt as contempt of orders of this court by custodian family.

 

13. If during the school visitation day, as previously specified in email to OP counsel, SP Ynr , SHO Radaur & school authorities the minor is not present in school then the visitation to be effected by police authority by using force at the place of residence of custodial Maternal family for six hours for free interaction with minor.

 

14. That the custodial maternal family shall not be allowed to change the school of the minor without prior written approval of non custodial paternal family, if done shall amount to contempt of order of court and necessary orders for simple imprisonment for one month be issued if school is changed without approval of non custodial paternal family to inhibit visitation at school.

 

15. That it is further prayed that the custodial maternal family may be barred from changing the address of minor without the written consent of non custodian paternal family by this visitation order.

 

16. That it is further prayed that free access may be granted to non custodian paternal family during illness of minor or death of any members of non custodial paternal family or for religious ritual of paternal family during holi and diwali festivals by this interim visitation order.

 

Applicant

Verification:-   Verified that I have clearly read and understood the contents of the above arguments and are true to best of my knowledge and belief.

Verified at Yamunanagar on 14^th Aug, 2018.

Applicant

 

Respondent   in person