AMYRA DWIVEDI (MINOR) Vs. ABHINAV DWIVEDI
SUPREME COURT OF INDIA
Amyra Dwivedi (Minor)
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DEEPAK GUPTA,J. -
(2.)This appeal arises out of an order dated 13.05.2019 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, before the District Legal Services Authority, Lucknow. However, it has been ordered that the meeting wwould be held in a secured atmosphere and it will be the duty of the Secretary to provide cordial atmosphere and security to the parties.
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