PALLAVI CHAKRAVARTY Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petition in hand filed under Article 226 of the Constitution of India, in essence, seeking directions to the official respondents to protect the life and liberty of the petitioners and to restrain respondent No.5 (father of petitioner No.2) from exercising visitation rights granted vide judgment and decree dtd. 4/12/2018 passed by the learned Civil Judge, Pune, on the grounds of threat, harassment and apprehension of kidnapping.

(2.) Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:

(3.) Learned counsel appearing for the petitioners has argued that the present writ petition has been necessitated on account of complete failure of the official respondents to protect the life and personal liberty of the petitioners despite repeated complaints and clear disclosure of imminent threat at the hands of respondent No.5. Learned counsel has iterated that respondent No.5, under the guise of visitation rights, has grossly misused the said liberty by harassing, threatening and subjecting the minor child to physical and mental trauma thereby acting in violation of the terms of the settlement and the welfare of the child. Learned counsel has further iterated that the petitioner No.1 is the lawful custodian of the minor child (petitioner No.2) and the visitation rights do not confer any authority upon respondent No.5 to forcibly take or retain the minor child. Learned counsel has further submitted that the acts of respondent No.5 in threatening the minor child and attempting to forcibly snatch the child at a public place constitute criminal conduct and disclose cognizable offence warranting immediate intervention. According to learned counsel, despite complaints dtd. 5/8/2023 and 10/8/2023 having been duly submitted to the competent police authorities, no effective action has been taken so far which amounts to dereliction of statutory duty and infringement of the fundamental right of the petitioners under Article 21 of the Constitution of India. It is urged that the minor child has suffered severe psychological trauma on account of the conduct of respondent No.5 and is presently not attending the school out of fear of abduction. Learned counsel has asserted that the welfare, safety and well being of the child are of paramount consideration and must override any claimed visitation rights particularly when the child himself is unwilling to meet respondent No.5 due to past ill-treatment. On the strength of these submissions, grant of petition in hand, is entreated for.