Case Note & Summary
The petitioners, Rajendra s/o Dilip Maid and Mandabai w/o Dilip Maid, filed a writ petition challenging an order dated 24.03.2021 passed by the learned District Judge-2, Newasa, which rejected their application for permission to meet their grandson Anshuman twice a month. The petitioners are the father and mother of petitioner no.1, Rajendra, who was previously married to the respondent, Shubhangi @ Rani Rajendra Maid. The marriage was dissolved by a decree of divorce by mutual consent on 11.09.2017. At the time of divorce, it was orally agreed that the respondent would permit petitioner no.1 to meet Anshuman twice a month. However, on 06.08.2018, when petitioner no.1 attempted to meet his son, he was restrained by the respondent and her parents. Consequently, petitioner no.1 filed an application under the Guardian and Wards Act, 1890 on 07.08.2018. The learned District Judge orally suggested that petitioner no.1 wait until the child turned four years old, as Anshuman was only two at that time. Subsequently, on 03.12.2018, when petitioner no.1 was at the Newasa Bus Stand after attending court proceedings, the respondent and her relatives allegedly abused, threatened, and assaulted him, demanding withdrawal of the application. A non-cognizable case was registered. The petitioners then approached the High Court. During the hearing, both counsel agreed to allow the petitioners to have visiting rights to Anshuman twice a month. The court, without delving into the merits of the impugned order, disposed of the petition by setting aside the order and granting visiting rights to the petitioners on the first and third Saturday of every month from 10:00 a.m. to 12:00 p.m. at the respondent's residence, with the condition that the petitioners shall not take the child outside the house. The court also directed the respondent to cooperate and not create any hindrance. The petition was disposed of with no order as to costs.
Headnote
A) Family Law - Visiting Rights - Welfare of Child - Guardian and Wards Act, 1890 - The petitioners, grandparents of minor Anshuman, sought visiting rights after being denied access by the respondent/mother following a mutual divorce. The court, with consent of both parties, allowed the petitioners to visit the child twice a month, emphasizing the child's welfare and the importance of maintaining familial bonds. (Paras 2-6)
Issue of Consideration
Whether the petitioners (grandparents) should be granted visiting rights to meet their grandson Anshuman, son of petitioner no.1 and respondent, twice a month.
Final Decision
The impugned order dated 24.03.2021 is set aside. The petitioners are permitted to visit Anshuman on the first and third Saturday of every month between 10:00 a.m. to 12:00 p.m. at the respondent's residence. The petitioners shall not take the child outside the house. The respondent shall cooperate and not create any hindrance. The petition is disposed of. Rule made absolute. No order as to costs.
Law Points
- Guardian and Wards Act
- 1890
- visiting rights
- welfare of child
- consent order
