RAKESH KAPOOR Vs. SAPNA KAPOOR

JUDGEMENT

(1.) By way of this petition the petitioner has impugned the order of the Family Court dated 17.9.2010 which was on an application under Section 12 of the Guardian and Ward Act 1890 seeking modification of the order dated 17.8.2009. Vide order dated 17.8.2009 the Civil Judge had granted visitation rights for twice a month to the estranged father of the three year old child of the parties for a period of one hour on each visitation. The petitioner husband had sought modification of this order; the order had been modified and instead of visitation right of two times in a month, the visitation rights of three times in a month for two hours everyday had been afforded to the father.

(2.) Facts emanating are that Rakesh Kapoor and Sapna Kapoor had been married on 19.2.2007. A female child namely Ilaria Kapoor was born out of their wedlock on 16.5.2008. The child is in the care and custody of the mother. It is not in dispute that that after the birth of the child the mother had left the matrimonial home and from the hospital itself gone to live with her parents. It is also not in dispute that in the maintenance proceedings which have arisen between the parties a sum of Rs. 33,000/- per month is being paid by the petitioner husband to the respondent wife. The petitioner husband is an M.B.B.S doctor.

(3.) The respondent wife had opposed the application filed under Section 12 of the Guardian and Ward Act primarily on two grounds; the first ground was on maintainability and the second ground was right of the father to meet the child. Her contention being that since the child was of tender years and her husband had bad habits; he was a drug addict, the access of the father to his child would be injurious to the growth of the child and would in fact have a negative influence upon her. These allegations find mention in the impugned order. It is not in dispute that the petitioner husband is an M.B.B.S. doctor and he is earning a handsome salary that is why he has been directed to pay Rs. 33,000/- per month to his wife; which order is being complied with. In these circumstances, it is difficult to believe that an M.B.B.S. doctor who is admittedly earning such a handsome amount is a drug addict. These appear to nothing more than allegations and are not appreciated. The photographs taken by the petitioner husband at the time when he was permitted visitation with his daughter have been placed on record. The father and the child both appear to be in a happy mood; child is comfortable in the arms of her father; her grandmother is also depicted in a photograph.