SANTOSHI RAI Vs. PRADEEP RAI

JUDGEMENT

(1.) The present appeal arises from order dated 5.11.2015 passed by the Third Additional Principal Judge, Family Court, Durg, granting interim visitation rights to the Respondent by requiring the Appellant to bring the two minor children at the Consultation Centre of the Woman Police Station, Durg, on every fourth Sunday between 11:00 am to 12:00 pm. In the event of misbehaviour with the children by the Respondent, the officer in-charge would report the matter to the Third Additional Principal Judge.

(2.) We have considered the respective submissions on behalf of the parties and refrain from dealing with the same on merits lest it may prejudice either of them in view of the nature of the order proposed to be passed by us.

(3.) It is not in dispute that at the time of marriage, the Appellant was approximately 27 years of age while the Respondent was over 50 years of age. Allegedly she had conceived before the marriage while they were still in an amorous relationship. He has now filed an application for restitution of conjugal rights in which the application was filed by him under Section 26 of the Hindu Marriage Act.