CHILD Visitation

IN THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY
COURT, GHAZIABAD COURT, UTTAR PRADESH

___ No. ____/2022
IN THE MATTER OF:
SANDEEP RUNGTA …PETITIONER

VERSUS
SWATI MITTAL …RESPONDENT
INTERIM APPLICATION ON BEHALF OF PETITIONER

NAMELY, SANDEEP RUNGTA UNDER SECTION 151 OF
CPC FOR VISITATION RIGHTS WITH THE PETITIONER’S
CHILD.
MOST RESPECTFULLY SHOWETH:
1. That the facts of the case are not being repeated for the
sake of brevity.
2. That since the respondent left the company of the

petitioner, the petitioner and his family are not even
allowed to visit his child and spend time with him.
3. That the Applicant apprehends estrangement with his

minor children for lack of interaction with him. The
minor child of the Applicant is at a growing age and
there exists a dire need of frequent visitation with his
minor child to avoid estrangement. That the worst
possible thing that can happen in a child’s life, apart
from losing a parent, is to become a rolling ball in a
parents’ divorce and ensuing custody battles. Whilst
the spouses and their families hurl accusations and
try to get the better of each other, the trauma being
suffered by the child may sometimes be overshadowed
by the volley of hurt and anger of the parties, for which
law would provide no compensation.
4. That it is the inalienable right of every minor child to

have free access to his or her parents, including the
Non Custodial Parents for an appropriate time so as to
develop a bonding, love and affection with his parents.
5. That it is stated here with utmost humility and respect

that in matters of custody of children, the fact that the
mother loves her children cannot alone give her an
edge over the father who is equally affectionate
towards his children.
6. That the Hon’ble court needs to ascertain benefit to the

child of having spend equal or substantial or
significant time to develop a meaningful relationship
with both the parents and to ensure and implement
the overnight access so that the child gets love and
affection of not only both the parents but also the
grandparents ensuring that the family heritage is
maintained; and ensuring the need to protect the child
from physical or psychological harm and from being
subjected to or exposed to abuse neglect or family
violence.
7. That one of the fundamental rights of children is to get

love and affection from both parents irrespective of
their personal conflicts, right to quality of life and
survival, right to be cared for, right to develop a sense
of belonging, right to participate fully in family,
cultural and social life.
8. That in light of Article 39 (f) of Indian Constitution

states that the tender age of children is not abused
and children are to be given opportunities and facilities
to develop in a healthy manner and childhood is
protected against exploitation and against moral and
material abandonment.
9. That it is significant to be noted here with respect that

the Head of Department of Applied Psychology,
University of the Punjab, while submitting her
recommendation in Writ Petition bearing No.
28566/11 has suggested that “Family matters,
particularly those involving need empathetic
procedural facilitation to mitigate the negative effect of
ongoing trauma faced by the child after having his/
her parents, grand parents and significant others
being divided. The foremost importance should be the
welfare and betterment of the minor child which may
be determined and decided without getting into the
procedural technicalities. E.g. the schedule of
visitation and venue of visitation should be negotiated
and finalized at a very early stage of litigation keeping
in view that the Non Custodial Parent is not a lesser
one and has also been affected emotionally and
psychologically. Delays in court proceedings keep
children from meeting their non custodial parents for
months and in some cases for years and the lapse of
time in such cases may be fatal for the psychological
growth of the minor child and his / her relationship
with his / her Non Custodial Parent. With the passage
of time it is easy to change the innocent mind. Within
months due to lack of interaction with Non custodial
Parent and probable brainwashing by the custodial
parent and his / her family , the child may start
forgetting and in many cases disliking the non
custodial parent who once used to be extremely dear
and loved one.”
10. That in the case of Huidrom Ningol Maibam Ongbi

Omila Devi v. Inaobi Singh Maibam, 2017 (2) RCR
(Criminal) 545, the Hon’ble Manipur High Court held
that:
“On the other hand, if it is held that the husband,

in absence of any application for grant of custody,
can maintain his application for visitation right will
advance the object of the provision as in case of
child being in custody of the husband, application
for custody can be filed by the wife wherein the
husband can have a visitation right if order is of
custody of child passed in favour of the aggrieved
party. In other situation, when the custody of the
child lies with the wife, there would be no occasion
for the wife for filing an application for custody as
it has happened in the instant case. In that
situation, husband will have remedy to have
visitation right by filing application to that effect.”
Copy of the said judgment is annexed herewith as

ANNEXURE-A1
11. That in the case of Anuj Chaturvedi v. Jyoti,

SLP(C) 6303/2017, the Hon’ble Supreme Court without
interfering into the ongoing custody litigation granted
liberty to the father to approach the Family Court for
enhancement of the visitation rights saying that“A
child has a right to the affection of both his parents and
the Family Court shall ensure that visitation rights are
granted in such a manner. The Family Court may also
make suitable arrangements for visitation/interim
custody during vacation periods. Obviously, the Family
Court has to keep the interest of the child at the
foremost.”
PRAYER
In the view of the above, it is most respectfully prayed that

this Hon’ble court be pleased to:
1. During the pendency of the litigation for the custody of

the child allow the petitioner to visit his child on times
as fixed by the Hon’ble court and also the child to visit
his paternal home on festivals, birthdays or any other
family occasions.
2. Pass any other order which the court deems fit and
proper in the interest of justice.
It is prayed accordingly.
PETITIONER
THROUGH COUNSEL
ASGHAR KHAN & ASSOCIATES

Ch No. 498, Patiala House Courts,
New Delhi
Mob: 9811045583
PLACE: GHAZIABAD
DATE: 12.05.2022

CHILD Visitation

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IN THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY

COURT, GHAZIABAD COURT, UTTAR PRADESH

IN THE MATTER OF:

SANDEEP RUNGTA …PETITIONER

INTERIM APPLICATION ON BEHALF OF PETITIONER

MOST RESPECTFULLY SHOWETH:

2. That since the respondent left the company of the

3. That the Applicant apprehends estrangement with his

4. That it is the inalienable right of every minor child to

5. That it is stated here with utmost humility and respect

6. That the Hon’ble court needs to ascertain benefit to the

7. That one of the fundamental rights of children is to get

8. That in light of Article 39 (f) of Indian Constitution

9. That it is significant to be noted here with respect that

10. That in the case of Huidrom Ningol Maibam Ongbi

“On the other hand, if it is held that the husband,

Copy of the said judgment is annexed herewith as

11. That in the case of Anuj Chaturvedi v. Jyoti,

In the view of the above, it is most respectfully prayed that

1. During the pendency of the litigation for the custody of

ASGHAR KHAN & ASSOCIATES

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