KAMLESH RAMESH JIBHKATE Vs. SEEMA KAMLESH JIBHKATE

JUDGEMENT

(1.) Petitioner-father raises a challenge to the interim order dtd. 11/5/2022 (Exh. 14), whereby the Trial Court has granted limited access of the child during the pendency of custody application. The Trial Court has granted limited access/visitation rights to the father on every Sunday between 04.00 p.m. to 06.00 p.m. at Public Garden, which is impugned herein.

(2.) Most of the facts are not in dispute. The couple got married on 23/11/2018 as per Hindu Customary Rites. They were blessed with a male child on 21/9/2019. Due to matrimonial differences, petitioner-father has filed Hindu Marriage Petitions for divorce and application for custody of child under the provisions of the Guardians and Wards Act, 1890. As against this, wife has filed application under Sec. 12 of the Protection of Women from Domestic Violence Act, seeking multiple reliefs as available under said Act. In custody application, the husband has filed application (Exh. 14) seeking interim relief of visitation rights which was partially rejected by the Trial Court which is the subject matter of this petition.

(3.) Heard the petitioner in person and the learned counsel appearing for respondent-wife. At the inception, it is to be noted that the interim order is under challenge, meaning thereby the application for custody is still pending, wherein evidence is yet to be recorded. The petitioner has filed interim application primly on medical ground. It is his contention that the minor child has developed a medical condition called as "Robin Pierra Sequence " which is birth defect. The minor child was treated at various hospitals for the deficiencies. On 15/7/2020, Cleft Palate surgery was done by Dr. Dinesh Sarda. According to the petitioner, the respondent-wife is not giving proper medical treatment and taking care of the child. The petitioner has expressed fear that if child is not treated properly, he may develop a speech deficiency in future. The petitioner would submit that joint parental care is necessary for the well being of the child. The petitioner by amendment, has prayed for grant of weekly visitation rights from Friday Morning to Sunday Evening for the practice of language and speech therapy. On the other hand, while resisting petition, the respondent would contend that she has given proper treatment to the child. According to respondent, having regard to the tender age of child, it is not in the interest of child to give his overnight custody during pendency of the application.