Supreme Court alters order requiring father to visit son in court premises considering welfare of son

 In a matter of the present nature, it is needless to mention,

as rightly observed by the High Court, the welfare of the child is

also to be kept in view by the Court. However, at this stage we

find that the repeated visitation rights in the Court premises,

would also not be in the interest of the child as the environment

during which the visitation rights are exercised, would also

matter.

Therefore, at this stage, we see no reason to dispose of the

instant petition but we direct that the visitation rights, as

granted by the Family Court, shall stand altered for the present

whereby the interim custody of the child shall be made over to the petitioner-father by the respondent-mother at the entrance of the RP Mall, Kollam, Kerala at 11:00 a.m on Sundays. The petitioner father may take the child to the said mall and exercise the visitation rights till 02:00 p.m. of the same day. The custody of the child shall be made over to the respondent-mother at the same spot (entrance of the mall) where the child was made over to the petitioner-father at 02:00 p.m.

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 2437/2023

VERSUS

JUDGMENT

Date : 03-10-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA

HON'BLE MR. JUSTICE MANOJ MISRA

UPON hearing the counsel the Court made the following

O R D E R

The Family Court, through its order dated 10.11.2023, had

granted the visitation rights of the child to the petitioner-father

herein between 11:00 a.m. to 04:00 p.m. on Sundays in court

premises. The High Court, did not however, interfere with the said

order. It is in that light, the petitioner-father is before this

Court.

In a matter of the present nature, it is needless to mention,

as rightly observed by the High Court, the welfare of the child is

also to be kept in view by the Court. However, at this stage we

find that the repeated visitation rights in the Court premises,

would also not be in the interest of the child as the environment

during which the visitation rights are exercised, would also

matter.

Therefore, at this stage, we see no reason to dispose of the

instant petition but we direct that the visitation rights, as

granted by the Family Court, shall stand altered for the present

whereby the interim custody of the child shall be made over to the

petitioner-father by the respondent-mother at the entrance of the

RP Mall, Kollam, Kerala at 11:00 a.m on Sundays. The petitionerfather

may take the child to the said mall and exercise the

visitation rights till 02:00 p.m. of the same day. The custody of

the child shall be made over to the respondent-mother at the same

spot (entrance of the mall) where the child was made over to the

petitioner-father at 02:00 p.m. The said arrangement shall continue

on the Sundays, as has been ordered by the Family Court and a

further consideration would thereafter be made by this Court.

List the matter on 31.10.2023.

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