SOM NATH Vs. ANKITA

JUDGEMENT

(1.) A grandfather has filed this time barred appeal, assailing learned Family Court's order passed on 9/1/2023, declining his application seeking visitation rights to meet his minor grandchild Vivan Soni.

(2.) In the impugned order, learned Family Court has observed that real father of Master Vivan Soni had died. His mother Smt. Ankita had re-married and Vivan Soni was adopted by the second husband of Smt. Ankita. Adoption deed executed in this regard in accordance with law was also placed on record of the learned Family Court. Master Vivan Soni was produced before the learned Family Court. He stated that he was studying in the school in First standard and was being looked after very well by his parents. He expressed his disinclination to meet his grandfather. Taking into consideration all these facts, learned Family Court observed that allowing visitation rights to his grandfather (present applicant-appellant) would adversely affect the psyche of the minor child. Hence, the application was dismissed. The main case instituted by the appellant-applicant under Sec. 7 of the Guardian and Wards Act is pending adjudication before the learned Family Court.

(3.) The present appeal instituted by Master Vivan Soni's grandfather is barred by 192 days. The reasons given for the delay are not sufficient and cogent in order to condone the delay. All that has been submitted in the application is that the applicant-appellant is an old ailing person, who lives alone on account of death of his wife and son. He found it difficult to manage his affairs. He became aware of passing of the impugned order only in the month of July 2023 and, thereafter took steps to prefer the appeal, which was instituted on 29/8/2023.