TRIPTI RAI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard the learned Advocate, Smt. Pramila Nesargi appearing for the Counsel for the petitioner. The learned Assistant Solicitor General of India, to take notice for the respondents.

(2.) Having regard to facts and circumstances, the petition is heard for final disposal.

(3.) It is the case of the petitioner that she is married to one Ajay Rajasekhar and they have been married since the year 2000. They have a son Dheer Rajasekhar born on 25-8-2005 and a daughter Mischa Rajasekhar born on 10-8-2009. The children are aged 9 and 5, respectively. It transpires that the petitioner has fallen out with her husband and has approached the Family Court seeking a dissolution of their marriage, under Section 13(1)(i-b) of the Hindu Marriage Act, 1955. The petition is said to be pending. The children are in the custody of the petitioner. The petitioner is stated to be employed at Bengaluru. The petitioner claims that the children are under her care and she is the sole care provider of the children. The husband of the petitioner is not a party to this petition. He is said to have been granted visitation rights on the first and third Saturday of every month between 11.00 a.m. to 2.00 p.m.