VIMI VINOD CHOPRA Vs. VINOD GULSHAN CHOPRA

JUDGEMENT

(1.) Rule. Returnable forthwith.

(2.) This Writ Petition is filed by the Petitioner-wife challenging the order of Family Court No.4, Mumbai dated 13.10.2010 allowing the husband's application for striking off her defence. This application came to be made upon the breach of the order of granting access passed by the Family Court. The parties have had numerous disputes and litigations since the husband sued for divorce, an order of injunction in respect of residence of the parties and custody of the children in the Family Court, Bandra, Mumbai on 3rd March, 2008.

(3.) The parties have three children now aged 16,15 & 9 years. The husband applied for access to his children initially on 08.10.2009. The wife resisted that application essentially on the ground that the husband was not attached to the children, was harassing them by spoiling their reputation with their friends with the reason that the children were left alone with no one to play with. The wife contended that the children suffered unreasonable behaviour of the husband and started hating him. She also alleged that the Petitioner dragged them in the litigation and that it is dangerous to allow the Petitioner to take the children for half the vacation. She denied that the access claimed by the Petitioner would be beneficial to the children. The learned Family Court Judge passed an order after interviewing all the three children independently. He observed that the children were reluctant to meet the father. This was when the children were in the custody of the wife. That important fact must be always present to the mind of the interviewer. The consequence of the custody with one parent is often such reluctance. Nevertheless the learned Judge exercised caution. He passed an order of very limited access. The access was to be for one hour each in a fortnight on 2 Saturdays a month. He observed that that would be gradually increased. He also observed that for the welfare of the children, love and affection between the children and the father should be developed and, therefore, access was absolutely necessary. He rejected the Diwali vacation access of the Diwali of 2009. Consequently he partly allowed the application. He directed the wife to bring all her children to the Family Court Children Complex on 1st and 3rd working Saturdays of each month. He directed the husband to apply for future vacation access later. The order has been passed since 14.10.2009.