Non-Custodial Parent Can't Be Deprived Of Right To Spend Quality Time & Enjoy Company Of Children: Bombay High Court

The Bombay High Court on Wednesday observed that non-custodial parent cannot be deprived of his right to spend quality time and enjoy the company of the children. Moreover, the children also have right to love and affection of both parents as well as grandparents.

The Petitioner herein is the non-custodial parent. His father is unwell and was desirous of meeting with his grandchildren. The petitioner, non-custodial parent, stated that he has had no access to the children since June-2020. It was alleged that the previous order dated 10/03/2022 whereby the Court had allowed access on the birthday of the children was also not complied with.

However, without getting into merits of the case, Justice Anuja Prabhudessai stated,

"the children also have right to love and affection of both parents as well as grandparents. This is essential for personal development and overall well-being of the children."

The Single Judge permitted the Petitioner-father to four days' access to the children and referred the matter for mediation so that the parties may arrive at an amicable settlement. The mediator has been asked to submit the report preferably within six months.

"The Petitioner shall take custody of the children on 14/04/2022 at 3.00 p.m. The Petitioner shall bring the children to Phoenix mall 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.," it ordered.

Case Title : Gaurav Suresh Tingre v Priyanka Gaurav Tingre

Citation: 2022 LiveLaw (Bom) 144

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