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Father granted visitation rights of the minor child on the day of Diwali in the interest of justice: The High Court of Bombay at Goa

The father of a child had sought the temporary custody of the child specifically on days of festivals like Dussehra, festivals and special occasions. The days set for visitation rights of the petition, the father in this case, sought for getting the rights to meet his biological child on the day of Diwali. The court without commenting on the rights of the rival parties over the temporal custody of the minor child sorted this matter in the interests of justice. The petitioner, Amey Dilip Sardessai has challenged the order dated 13/10/2021 passed by the Adhoc District Judge- I, FTC, Panaji whereby an application for grant of interim relief was filed on behalf of the petitioner has been dismissed. The High Court of Bombay at Goa in a single bench led by Hon’ble Justice Manish Pitale in the matter of Amey Dilip Sardessai v. Gayatri Amey Sardessai [W.P/2163/2021].

The facts of the case are related to the custody of the minor child and the court below was not inclined to grant the temporary custody of the child for the festival of Dussehra on 15th October 2021. Presently, the petitioner i.e., the father has been granted only visitation rights on every Sunday, Wednesday and Friday. The timing of the visiting rights was from 4.00 p.m. to 7.00 p.m. The respondent, Gayatri Amey Sardessai i.e., the mother of the minor child has appeared suo motu against denying the visiting rights for temporal custody on days of festivals like Diwali.

Accordingly, since 4th November 2021, the day of Diwali happens to be a Thursday, which is not one of the days on which the petitioner is granted visitation rights.

The High Court of Bombay at Goa directed “that the petitioner shall have visitation right of the minor child in the ancestral house of the respondent between 4.00 p.m. to 7.00 p.m. on 04/11/2021. The learned Counsel appearing for the respondent, on instructions, submits that the respondent has no objection to the said arrangement for the day of the festival of Diwali.”

Accordingly, this writ petition is disposed of and the court directed that “the petitioner shall be extended visitation rights of the minor child on 04/11/2021 i.e. Thursday between 4.00 p.m. to 7.00 p.m. in the ancestral house of the respondent.

The court had not made any comments on the rights of the rival parties on the question of temporary custody of the minor child.

Click here to read the judgement.

Judgement reviewed by- Pranav Vyas.

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