KINRI DHIR Vs. VEER SINGH

JUDGEMENT

(1.) This petition has been filed with the following prayers:

(2.) The petitioner in sum and substance is seeking setting aside of order dated October 28, 2021 passed by the learned Principal Judge, Family Court, South East District, Saket, New Delhi, to the extent that the respondent has been granted visitation rights of the minor child for two hours every day.

(3.) It is the case of the petitioner that the Trial Court has erred in partially allowing the respondent 's application filed under Sec. 12 of the Guardian and Wards Act, 1890 ( 'GWA ', for short) read with Ss. 6(a) and 6(b) of the Hindu Minority and Guardianship Act, 1956 ( 'HMGA ', for short) read with Sec. 151, Civil Procedure Code, 1908 ( 'CPC ', for short). It is the stand of the petitioner in the petition that the respondent, who is the father of the minor child has admitted himself to be a putative father. The visitation rights being from 6 PM to 8 PM every day have been granted on two major grounds i.e., (i) respondent has admitted the paternity of the minor child and; (ii) respondent is residing in the same premises as the minor child and the petitioner albeit on a different floor. On these grounds, the Trial Court proceeded to grant visitation rights however, the same are misconceived and based on the misrepresentations of the respondent.