Family Law: Custody of child – Visitation and contact rights – In the instant case, appellant-mother had filed Habeas Corpus petition before High Court for custody of her child – High Court dismissed the petition, however granted visitation rights allowing the mother to meet the child for two hours once a month at a place mutually agreed by the parties and in case of disagreement on such place, it was directed that meeting would be held at the Office of Secretary, District Legal Services Authority during office hours for two hours on a day and time agreed to by the parties or as directed by the Secretary on any day preferably Saturday once in a month – Challenge against – Held: When a court grants visitation rights, these rights should be granted in such a way that the child and the parent who is granted visitation rights can meet in an atmosphere where they can be like parent and child and this atmosphere can definitely not be found in the office of District Legal Services Authority – It atmosphere may be found in the home of the parent or in a park or a restaurant or any other place where the child and the parent are comfortable – In view of this, directions passed regarding visitation and contact rights whereby mother is allowed to meet the child on Saturdays and Sundays and take the child from grandparents home at 10 a.m. and drop her back at 5 p.m. – Mother also allowed to spend time with the child on festivals, vacations, child’s birthday and attend school functions.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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