Father granted visitation rights of the minor child on the day of Diwali in the interest of justice: The High Court of Bombay at Goa
The father of a child had sought the temporary custody of the child specifically on days of festivals like Dussehra, festivals and special occasions. The days set for visitation rights of the petition, the father in this case, sought for getting the rights to meet his biological child on the day of Diwali. The court without commenting on the rights of the rival parties over the temporal custody of the minor child sorted this matter in the interests of justice. The petitioner, Amey Dilip Sardessai has challenged the order dated 13/10/2021 passed by the Adhoc District Judge- I, FTC, Panaji whereby an application for grant of interim relief was filed on behalf of the petitioner has been dismissed. The High Court of Bombay at Goa in a single bench led by Hon’ble Justice Manish Pitale in the matter of Amey Dilip Sardessai v. Gayatri Amey Sardessai [W.P/2163/2021]. The facts of the case are related to the custody of the minor child and the court below was not inclined to grant the temporary custody of the child for the festival of Dussehra on 15th October 2021. Presently, the petitioner i.e., the father has been granted only visitation rights on every Sunday, Wednesday and Friday. The timing of the visiting rights was from 4.00 p.m. to 7.00 p.m. The respondent, Gayatri Amey Sardessai i.e., the mother of the minor child has appeared suo motu against denying the visiting rights for temporal custody on days of festivals like Diwali. Accordingly, since 4th November 2021, the day of Diwali happens to be a Thursday, which is not one of the days on which the petitioner is granted visitation rights. The High Court of Bombay at Goa directed “that the petitioner shall have visitation right of the minor child in the ancestral house of the respondent between 4.00 p.m. to 7.00 p.m. on 04/11/2021. The learned Counsel appearing for the respondent, on instructions, submits that the respondent has no objection to the said arrangement for the day of the festival of Diwali.” Accordingly, this writ petition is disposed of and the court directed that “the petitioner shall be extended visitation rights of the minor child on 04/11/2021 i.e. Thursday between 4.00 p.m. to 7.00 p.m. in the ancestral house of the respondent.” The court had not made any comments on the rights of the rival parties on the question of temporary custody of the minor child.
6 WP 2163 2021 F.DOC IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.2163 OF 2021 (Filing AMEY DILIP SARDESSAI Age 31 years S o. Shri Dilip B. Sardessai Married Service R o. House No.2 136 A24 Flat No.FA 405 Sinari Apartments Patto Ribandar Goa 403 006 GAYATRI AMEY SARDESSAI Age: 30 yrs D o. Sanjay Shivram Kamat Married Doctor R o. House No.580 1 5 “Kamaxi” Aradi Guirim Bardez Mapusa Goa 403 507 … Petitioner Mr. Asha A. Desai Advocate for the Petitioner Mr. S. Kamat Advocate for the Respondent CORAM: MANISH PITALE J 25th October 2021 By this Writ Petition the petitioner has challenged order dated 13 10 2021 passed by the Adhoc District Judge I FTC Panaji whereby an application for grant of interim relief filed on behalf of the petitioner has been dismissed 25th October 2021 6 WP 2163 2021 F.DOC By the said application the petitioner who is the father of the minor child sought temporary custody of the child particularly on days of festival like Dussehra festivals and special occasions. It appears that the Court below was not inclined to grant temporary custody of the child for the festival of Dussehra on By the time the Writ petition has come up for consideration the festival of Dussehra is over. Hence the petitioner is pressing for temporary custody of the child for the festival of Diwali which falls For the present the petitioner has been granted only visitation rights on every Sunday Wednesday and Friday. The timing of the visiting rights stood extended by one hour i.e. from 4.00p.m. to 7.00p.m. on the aforesaid days by an order dated 27 09 2021 passed by this Court in Writ Petition No.2121 The respondent i.e. the mother of the minor child has appeared suo motu and the learned Counsel appearing for the respondent has handed over an affidavit which is taken on record It is an admitted position that an appeal filed by the petitioner challenging an order rejecting grant of temporary custody is pending before the Court below and this Court by the aforesaid order dated 27 09 2021 has already directed that the appeal shall be disposed of within a period three months from the date of order 25th October 2021 6 WP 2163 2021 F.DOC Considering the aforesaid admitted facts and material on record this Court is inclined to dispose of the Writ Petition at this Since 04 11 2021 i.e. the day of Diwali happens to be a Thursday which is not one of the days on which the petitioner is granted visitation rights in the interest of justice it is directed that the petitioner shall have visitation right of the minor child in the ancestral house of the respondent between 4.00p.m. to 7.00p.m. on 04 11 2021. The learned Counsel appearing for the respondent on instructions submits that the respondent has no objection to the said arrangement for the day of festival of Diwali 10. Accordingly the Writ Petition is disposed of in the above terms and it is directed that the petitioner shall be extended visitation rights of the minor child on 04 11 2021 i.e. Thursday between 4.00p.m. to 7.00p.m. in the ancestral house of the the minor child 11. Needless to say this Court has not made any comments on the rights of the rival parties on the question of temporary custody of MANISH PITALE J 25th October 2021