PIYUSH Vs. PRIYANKA

JUDGEMENT

(1.) Vide impugned judgement dated 26.09.2017, Principal Judge, Family Court, Ratlam has dismissed the prayer of the petitioner/ father filed under Section 26 of Hindu Marriage Act, 1955 for granting Visitation Rights to meet his daughter Aditi on every Sunday between 11:00 am to 6:00 pm and also to grant permission to talk her on phone. This judgement is under challenge in this appellant.

(2.) Admittedly, appellant Piyush and Priyanka got married as per Hindu rites and customs on 20.01.2008. On 05.08.2010, they blessed with a baby girl Aditi. But after some time, some matrimonial discords surfaced. They found themselves unable to stay with each other and decided to part their ways. They filed an HMA Case No.8-A/2016 under Section 13-B of Hindu Marriage Act, 1955 for divorce on the basis of mutual consent, which was allowed and a decree of divorce was granted by the Family Court, Ratlam on 04.08.2016. Relevant Terms and Conditions agreed upon by the parties are as follows:-

(3.) After second motion, the learned Family Court recorded statements of both the parties in which they confirmed aforesaid terms and conditions and after verification, the Family Court passed decree of divorce accordingly on 04.08.2016.