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Smt. Divya Yadav vs Principal Judge Family Court And … on 28 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 3

Case :- MATTERS UNDER ARTICLE 227 No. – 712 of 2020

Petitioner :- Smt. Divya Yadav

Respondent :- Principal Judge Family Court And Another

Counsel for Petitioner :- Manish Tandon

Hon’ble Ajay Bhanot,J.

The petitioner is the mother of two years old child “Master Riyansh”. The relationship between the petitioner and her husband-respondent no. 2 became strained over the years. They have been living separately w.e.f. 21.08.2019.

It is contended that the child “Master Riyansh” was in the protective care and custody of the petitioner when he was snatched away forcefully by respondent no. 2 on 22.08.2019. The petitioner claims that she is entitled to custody of the child “Master Riyansh” in view of section 25 of the Guardians and Wards Act, 1890. A two year child is liable to be in the custody of the mother.

With these facts, the petitioner instituted proceedings for custody of the child which was registered as Misc. Case No. 85/70of 2019 (CNR No. UPKN01-003959-2019), Divya Yadav Vs. Veer Singh @ Veerey.

It is further contended that the petitioner has not been able to meet her child as the respondent no. 2 is claiming his exclusive custody and has denied the petitioner access to the child. She has not seen her child since 22.08.2019. The petitioner has also filed an application for visitation rights as an interim measure before the learned trial court.

I see merit in the submission of Shri Manish Tandon, learned counsel for the petitioner that in custody matters, time is of the essence. Delay in making over the custody or preventing access to any parent to his/her child for a long time causes irredeemable loss. Every child is entitled to be fostered in love and care of both the parents. No parent can claim exclusive custody over a child. Of course, the final issue of custody has to be decided by the learned trial court. But there is no justification for such delay in deciding visitation rights.

In light of the preceding discussion, the matter is remitted to the learned trial court / Principal Judge (Family Court), Kanpur Nagar, to execute the following directions:

I. The learned trial court/Principal Judge (Family Court), Kanpur Nagar, shall ensure that the petitioner is given access to and permitted to meet with her child within one week from the submission of a certified copy of this order.

II. The visitation rights shall be decided within a further period of two weeks.

III.The suit shall be decided within a period of six months.

IV. The learned trial court/ the learned Principal Judge (Family Court), Kanpur Nagar, shall not grant any unnecessary adjournment to the parties.

III. In case any adjournment is granted in the paramount interest of justice, the learned trial court/ the learned Principal Judge (Family Court), Kanpur Nagar, shall impose costs not below Rs. 5,000/- for each adjournment.

V. The learned trial court/ the learned Principal Judge (Family Court), Kanpur Nagar, shall proceed with the trial on a day to day basis, if required, to ensure that the above stipulated time limits for deciding: (a) the application for visitation rights within three weeks from the date of receipt of a certified copy of this order; (b) the suit within a period of six months from the date of receipt of a certified copy of this order are strictly adhered to.

The petition is disposed of.

Order Date :- 28.1.2020

Dhananjai

 

 

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