The Chhattisgarh High Court has granted visitation rights to the grandparents on account that the meeting of grandparents with children is necessary for upbringing before their minds are polluted by unilateral acts of any of the single parents.

An appeal was preferred against the order passed by the Family Court whereby limited visitation right was given to the father i.e., appellant to meet his child.

A Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari said, “In a custody battle, there can’t be a straight jacket formula to be followed. In the Indian society, the grandparents form an integral part for upbringing of a children and that part of affection and contribution cannot be ignored or shelved and it is the welfare of the children which we are concerned. The grand parents being ancillary part and parcel of the family would hold this way for welfare of the child. Therefore, meeting of the grand parents with the children would also be a necessary part for upbringing, before their mind is polluted by unilateral act of any of the single parents.”

Advocate Kshitij Sharma represented the appellant/father while Advocate Abhishek Sharma represented the respondent/mother.

In this case, in the initial order, the Family Court observed that the father can meet the child in the Meditation Centre situated at concerned District Court premises. Subsequently, another application was filed, wherein, it was prayed that the grandfather of the children, aged about 80 years, and of ripened age, may also be allowed to meet the grandchildren but the said application was dismissed.

The counsel for the appellant submitted that the aforesaid order passed was not fruitful for the reason that the meeting of the child in the Court premises defeats the entire purpose. He submitted that the grandfather of the children may also be allowed to meet the children and the order of visitation right may be modified accordingly until the custody battles are decided.

The High Court after hearing the contentions of the counsel for both parties noted, “To bring the lens back to the facts of the case, it would show that initially only the father was allowed to meet the children in the Court. Obviously, we are not in agreement with such order, as bringing the child to the Court on frequent occasions cannot be appreciated because of its social structure and atmosphere, which is not under the control of an individual and cannot be mitigated. Therefore, we deem it proper to change the venue of the meeting apart from the fact of giving a contact right to the father.”

The Court, therefore, granted visitation rights to the father at an independent venue and directed that the grandfather of the children shall also be allowed to accompany the father.

“The arrangements are being made in order to draw a balance to ensure the situation since the parents are in conflict and the child develops a sense of security”, said the Court.

Furthermore, the Court observed that the interest of the child is best served by ensuring that the parents should have a footprint in the upbringing of the child.

Accordingly, the High Court disposed of the appeal and granted visitation rights.

Cause Title- Syed Irshad Ahmed Zaid v. Shazia Anjum (Neutral Citation: 2023:CGHC:25098-DB)

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