RAHUL MISHRA Vs. NEHA RAI

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for the unsupervised and overnight physical visitation rights over the minor son once every week, and also for a direction with respect to the joint parenting plan which would enable the child to have access and involvement of both the parents till the learned Family Court decides the petitioner's Guardianship Petition, that is, G.P. No.20/2019.

(2.) The learned counsel for the petitioner submits that in spite of the direction issued by this Court in its order dtd. 23/5/2023 passed in CM(M) 871/2023, directing the learned Family Court to decide the interim application filed by the petitioner seeking visitation rights with the child within a period of 12 weeks of the said order, the same is yet to be decided.

(3.) She further places reliance on the judgment of the Supreme Court in Yashita Sahu v. State of Rajasthan and Ors., (2020) 3 SCC 67, to submit that in the present case, the respondent has not pleaded any extreme circumstances due to which the petitioner should be denied the visitation rights. She submits that the petitioner has not had the access to the child since December, 2022. She submits that the respondent is using the child as a bargaining chip.