Police Station Not Suitable Place For Child's Visitation, No Need To Increase Emotional Burden During Parents' Stressed Marriage: Allahabad HC

While modifying the order the Family Court, the Allahabad High Court observed that a police station is not a place for child visitation as the transactions happing in a police station may add to the emotional stress of parents separating.

Appeal was filed against the order the Family Court allowing visitation rights at a police station.

The bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh observed that

“A police station can never be described as an appropriate place where visitation right may be allowed. Visit by any child to a police station may not be a desirable event in his life. Unwittingly, he may become witness to occurrences and transactions that may not be conducive for his upbringing. He may be confronted with different sights which may not be pleasant to a child's mind.”

The Court observed that

“It will take years for a minor to grow into an adult who may comprehend and understand what he witness in the right perspective. Whether it may be a sight of an accident victim or an assault victim or the language used or the handcuffs. All such rights though part of life may not be desirable to be witnessed by a child facing or bearing the brunt of the stressed marriage of his parents.”

The Court observed that the child must not be burdened with such visuals at the police station when he/she is already undergoing the trauma of parents living separately.

The Court held that the visitation may be done at the premises of Family Court, Bareilly or at vulnerable witness center or any other place which the Family Court may provide with proper security arrangement. To that extent, the Court directed the parties to move a modification application before the Family Court.

Case Title: Laxmi Prakash vs. Pooja Gangwar 2024 LiveLaw (AB) 463 [FIRST APPEAL DEFECTIVE No. - 314 of 2024]

Case citation: 2024 LiveLaw (AB) 463

Click Here To Read/Download Order