AMYRA DWIVEDI (MINOR) THROUGH HER MOTHER, SMT. POOJA SHARMA versus ABHINAV DWIVEDI AND ANOTHER

Citation: [2020] 4 S.C.R. 687 · Decided: 06-03-2020 · Supreme Court of India · Bench: DEEPAK GUPTA · Disposal: Disposed off
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AMYRA DWIVEDI (MINOR) THROUGH HER MOTHER, SMT.
POOJA SHARMA DWIVEDI
v.
ABHINAV DWIVEDI AND ANOTHER
(Civil Appeal No. 2067 of 2020)
MARCH 06, 2020
[DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.]
Family Law: Custody of child – Visitation and contact rights
– In the instant case, appellant-mother had filed Habeas Corpus
petition before High Court for custody of her child – High Court
dismissed the petition, however granted visitation rights allowing
the mother to meet the child for two hours once a month at a place
mutually agreed by the parties and in case of disagreement on such
place, it was directed that meeting would be held at the Office of
Secretary, District Legal Services Authority during office hours for
two hours on a day and time agreed to by the parties or as directed
by the Secretary on any day preferably Saturday once in a month –
Challenge against – Held: When a court grants visitation rights,
these rights should be granted in such a way that the child and the
parent who is granted visitation rights can meet in an atmosphere
where they can be like parent and child and this atmosphere can
definitely not be found in the office of District Legal Services
Authority – It atmosphere may be found in the home of the parent or
in a park or a restaurant or any other place where the child and the
parent are comfortable – In view of this, directions passed regarding
visitation and contact rights whereby mother is allowed to meet the
child on Saturdays and Sundays and take the child from
grandparents home at 10 a.m. and drop her back at 5 p.m. – Mother
also allowed to spend time with the child on festivals, vacations,
child’s birthday and attend school functions.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2067
of 2020.
From the Judgment and Order dated 13.05.2019 of the High Court
of Judicature at Allahabad, Lucknow Bench, Lucknow in Habeas Corpus
No. 24675 of 2018.
[2020] 4 S.C.R. 687
687
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SUPREME COURT REPORTS
[2020] 4 S.C.R.
 Vishwajit Singh, Pankaj Singh, Ms. Ridhima Singh, Ms. Vijaya
Singh, Vignesh Singh, Ms. Veera Kaul Singh, Shail Kumar Dwivedi,
Siddharth Krishna Dwivedi, Ms. Vibha Dwivedi, Ms. Nidhi Dwivedi,
Andleeb Naqvi, Ms. Garima Prashad, Advs. for the appearing parties.
The Judgment of the Court was delivered by
DEEPAK GUPTA, J
1. Leave granted.
2. This appeal arises out of an order dated 13 May 2019 passed
by the High Court of Judicature at Allahabad, Lucknow Bench, in Habeas
Corpus No.24675 of 2018, whereby the petition filed by the appellant
(the mother) for custody of her child was dismissed, but she was granted
visitation rights in the following terms:
“(I) The petitioner (Smt. Pooja Sharma) is granted visiting rights
to meet her daughter, who is presently residing with the opposite
party No.1. The meeting of the petitioner with her daughter
(corpus) would be at the place as agreed by the parties and in
case of their inability to agree on any place such meeting shall be
held at the office of the Secretary, District Legal Services Auhtority,
Lucknow during office hours i.e. 10:00 am to 4:00 pm for two
hours on a day and time agreed into by the parties or as directed
by the Secretary, District Legal Services Authority, Lucknow, on
any day preferably Saturday, once in a month.
(II) During meeting hours, the petitioner would be free to give
any kind of gifts to her daughter of her choice and liking and the
same would not be objected to by the opposite party No.1.
However, the petitioner will not take the corpus with her anywhere
beyond the boundaries of the Office of Secretary, District Legal
Services Authority, Lucknow. Such meeting will be held in a
secured atmosphere and it shall be the duty of the Secretary,
District Legal Services Authority, Lucknow to provide cordial
atmosphere and security to the parties.”
3. We are not at all happy with the manner in which the visitation
rights have been granted in the present case. The High Court has directed
that the mother can meet the child for two hours once a month, that too,
in the Office of Secretary, District Legal Services Authority, Lucknow
or at a place, mutually agreed to by the parties and in case of disagreement,
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before the District Legal Services Authority, Lucknow. However, it has
been ordered that the meeting would be held in a secured atmosphere
and it will be the duty of the Secretary to provide cordial atmosphere
and security to the parties.
4. In Yashita Sahu v. State of Rajasthan 2020 A
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