SYED IRSHAD AHMED ZAID Vs. SHAZIA ANJUM

JUDGEMENT

(1.) This appeal is against the order dtd. 16/1/2023 and order dtd. 14/7/2022 passed by the Family Court, Rajnandgaon in Case No.59/2022, wherein, limited visitation right has been given to the father (appellant) to meet the child. In the initial order dtd. 14/7/2022, the Family Court has observed that the father can meet the child in the Meditation Centre situated at concerned District Court premises. Subsequently, another application was filed, wherein, it was prayed that the grandfather of the children, who is aged about 80 years, and is of ripened age, may also be allowed to meet the grandchildren, the said application too has been dismissed.

(2.) Learned counsel for the appellant would submit that the order passed is not fruitful for the reason that the meeting of the child in the Court premises defeats the entire purpose. He submits that the grandfather of the children may also be allowed to meet the children and the order of visitation right may be modified accordingly until the custody battles are decided.

(3.) Per contra, learned counsel for the respondent opposes the submission made by counsel for the appellant and would submit that there is no such prayer made in the appeal and an affidavit of grand father has also not been filed. He would further submit that the father can meet the children in the Office of DLSA, which would serve the purpose. He would submit that the order passed by the Family Court allows the visiting rights, hence, it does not require any modification. He would further submit that the Court premises is a safer place, where the children can meet their father as it also touches upon their security and safety. In support of his contention, he would place reliance on the judgment passed by Division Bench of this Court in the matter of Prabhat Vs. Minor Lomesh and Anr, 2022 CGHC 29679-DB.