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Non-custodial parent cannot be deprived of his right to spend quality time and enjoy company of children: Bombay High Court

The Bombay High Court has upheld that the on-custodial parent cannot be deprived of his right to spend quality time and enjoy company of children through Justice Anuja Prabhudessai in the case of Gaurav Suresh Tingre v. Priyanka Gaurav Tingre( WP No. 1372 of 2022)

FACTS OF THE CASE:

Learned counsel for the Petitioner-husband stated that the Petitioner-father has had no access to the children since June 2020. He stated that the father of the Petitioner is having health issues and he would like to see his grandchildren. It was stated that the previous order dated 10/03/2022 whereby this Court had allowed access on the birthday of the children was not complied with.

JUDGEMENT:

The Court held that  the Petitioner-father, the non-custodial parent cannot be deprived of his right to spend quality time and enjoy the company of the children. Furthermore, the children also have right to love and affection of both parents as well as grandparents. It was noted that this was essential for personal development and overall well being of the children. 

Thus, without going into the merits of the matter, the Petitioner-father was permitted to have access to the children from 14th April, 2022 to 16th April 2022. It was held that The Respondent -mother shall bring the children to Viman Nagar, Pune, to meet the father.  The parents and children shall spend time together till 3.00 p.m.

The Petitioner would take custody of the children on 14/04/2022. The Petitioner would  bring the children on 17/04/2022 at 11.00 a.m. and spend time together till 3.00 p.m. and hand over custody of the children to the Respondent -mother on 17/04/2022 by 3.00 p.m.

Given the nature of the dispute, the case was further referred to mediation, and with consent, Smt. Shalini Phansalkar-Joshi, a former Judge of the Court, was appointed as a Mediator with the request to mediate and assist the parties in reaching an amicable settlement, and to submit the report within six months, preferably sooner.

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JUDGEMENT REVIEWED BY REETI SHETTY

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