Children have right to love and affection of parents and grandparents

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO.242 OF 2022
IN
WRIT PETITION NO.1371 OF 2022

Gaurav Suresh Tingre …Petitioner

Versus

Priyanka Gaurav Tingre …Respondent

Mr. Ajinkya Udane for the Petitioner.
Ms Gauri Godse, i/b. Mr. Rohit Joshi for the Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED: 13th APRIL, 2022.

P.C.:-

1. Learned counsel for the Petitioner-husband states that the Petitioner-father has had no access to the children since June-2020. He states that the father of the Petitioner is having health issues and he would like to see his grandchildren. It is stated that the previous order dated 10/03/2022 whereby this Court had allowed access on the birthday of the children was not complied with.

2. Needless to state that the Petitioner-father, the non-custodial parent cannot be deprived of his right to spend quality time and enjoy the company of the children. Furthermore, 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.

3. Hence, without going into the merits of the matter the Petitioner-father is permitted to have access to the children from 14th April, 2022 to 16th April 2022. The Respondent -mother shall bring the children to Phoenix Mall, Viman Nagar, Pune, on 14/04/2022 at 11.00 a.m. The parents and children shall spend time together till 3.00 p.m. 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.

4. Considering the nature of the dispute, the matter is referred for mediation and with consent Smt. Shalini Phansalkar-Joshi, former Judge of this Court is appointed as a Mediator with a request to mediate and assist the parties in arriving at an amicable settlement and to submit the report preferrably within six months.

5. Matter be listed on 21/04/2022 to decide the issue of interim access arrangement.

(SMT. ANUJA PRABHUDESSAI, J.)

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