Father Assails Order Allowing Estranged Wife To Take His Son For 5 Hours On Raksha Bandhan; Delhi High Court Reduces Visitation Time

The Delhi High Court has reduced, with consent of the parties, the visitation time granted to a mother with respect to her son residing with her estranged husband, on the occasion of Raksha Bandhan. The child's sister lives with the mother.

The father of the minor had filed a plea challenging the order dated August 7 passed by the Family Court permitting his wife to pick up the minor son from his residence at 10 am on August 22 and drop him back at 3 pm after celebrating the festival.

Modifying the five hours duration to three and a half hours, Justice Rekha Palli said:

"Even though, I find no reason to interfere with the impugned order; keeping in view the respondent's offer for a suitable reduction in the time for visitation, the impugned order is, with the consent of the parties, modified partly by directing that instead of 10 am, the respondent would pick up the minor son from the residence of the petitioner at 11.30 am on 22.08.2021 and drop him back at the same place by 3 pm."

The petitioner's father submitted before Court that the minor son was emotionally dependent on him as he is his primary caregiver. In view of this, it was submitted that if the child is forced to go to mother's house, he would suffer from grave mental trauma.

To back this submission, a video was shown to the Court depicting that the child becomes agitated and frightened in his mother's presence.

On the other hand, the plea was vehemently opposed by the mother who submitted that her son was happily living with her till November 2020. It was submitted that the Family Court was justified in permitting the minor son to be brought to her house so that both siblings could celebrate Raksha Bandhan together.

However, the mother added that in view of the age of the minor child and being sensitive to his needs as an autistic child, she had no objections if the visitation time of 5 hours was slightly reduced.

The Court accordingly modified the family court's order by reducing the visitation time to three and a half hours.

"Keeping in view the nature of relief sought in the application, in my view, any such application ought to have been moved only before the Family Court and not before this Court. The application is, accordingly, dismissed," the Court added. 

Senior Advocate Geeta Luthra with Advocate Asmita Narula appeared for the petitioner whereas Advocate Mendiratta appeared for the respondent.