MRINAL PRAKASH BARUA Vs. ANITA VERMA

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dtd. 3/9/2022 (hereinafter referred to as the 'Impugned Order') passed by the learned Principal Judge, Family Court, (South-District), Saket Courts, New Delhi in HMA No. 1375/2021, titled as Dr. Anita Verma v. Dr. Mrinal Prakash Barua, allowing the application filed by the respondent herein under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (in short 'CPC') and restraining the father/petitioner herein from coming within the radius of 500 meters from the respondent/mother and the minor child of the parties herein.

(2.) The learned counsel for the petitioner submits that the above order has been passed in violation of the rights of the child. He submits that the child cannot be kept away from the love and affection of the father and, therefore, the Impugned Order violates not only the rights of the petitioner but also of the child. He submits that the same would also be a violation of Article 9 of the UN Convention on Rights for the Child.

(3.) On the other hand, the learned counsel for the respondent submits that the petitioner, instead of seeking appropriate legal remedies for the custody or visitation rights of the child, creates unpleasant scenes at the residence and other places of visit of the respondent. He submits that because of this conduct, the respondent was constrained to move from AIIMS Rishikesh to Delhi. He submits that the petitioner had earlier filed proceedings before the Additional Chief Judicial Magistrate, Rishikesh, District-Dehradun, Uttarakhand, which came to be dismissed vide order dtd. 12/7/2022. The Criminal Revision filed against that order, being Criminal Revision No. 483/2022, titled as Dr.Mrinal Prakash Barua v. State of Uttarakhand and Ors., was dismissed by the learned Single Judge of the High Court of Uttarakhand vide judgment and order dtd. 27/8/2022, inter alia observing that the petitioner herein has never filed a petition seeking custody of the child. The petitioner feeling aggrieved of the said order, challenged the same by way of a Special Appeal no. 358/2022, titled as Dr.Mrinal Prakash Barua v. State of Uttarakhand and Ors., which was also dismissed by the judgment and order dtd. 19/12/2022, leaving it open to the petitioner herein to avail of his remedies under the relevant laws before the Family Court. The Petitioner challenged the above order by way of Special Leave Petition before the Supreme Court, being SLP(C) Diary No. 11623/2023, titled as Dr.Mrinal Prakash Barua v. The State of Uttarakhand and Ors. The same was also dismissed by the Supreme Court vide order dtd. 8/5/2023.