Bombay HC Allows Estranged Father Access To Children Via Video Conferencing

The Bombay High Court on Friday has allowed application of a father seeking access to his two minor children via video conferencing taking note of the fact that physical access cannot be exercised in the present prevalent situation of coronavirus-induced lockdown.

The High Court said that “Be that as it may, it is a matter of fact that today there is an order of a competent court giving visitation rights to Petitioner. It is also a matter of fact that due to the difficult situation prevailing in the state and particularly in Pune, which is seriously affected by the present Covid-19 pandemic, physical access cannot be had as of now”.

“It is agreed between learned counsel for the parties that on Saturday and Sunday of every week, one-hour video internet/phone access will be made available by Respondent No.1 to the two children to the Petitioner husband. The time of access on these two days of every week shall be determined between the parties. If the parties are unable to fix the time, their respective Advocates may assist them and help arrive at the suitable timings, so that the Petitioner can have access of one hour on each day to his two minor children. It is ordered accordingly and the Interim Application is disposed”, said the Court.

A Single Judge bench of Justice S.C. Gupte heard the matter, wherein the grievance of the Petitioner in the contempt petition that despite this order, no physical access to the children was given by the first Respondent to him. The Respondent wife has her own case to urge in respect of abusive behaviour of the Petitioner.

The Interim Application was made by the Petitioner in a contempt petition. The contempt petition is in respect of an access order passed by the Judicial Magistrate First Class, Pune Cantonment in a criminal misc. application. The application was between the Petitioner husband and the first Respondent wife and her relations.

The High Court observed that the Petitioner husband and the first Respondent wife appeared to be estranged and living separately. The first Respondent lives with her parents with the parties’ two minor children. The subject matter of the criminal misc. application was inter alia visitation rights of the Petitioner husband vis-a-vis the minor children, who are arraigned as Respondent Nos.2 and 3 to the application and who are, respectively, the parties’ son and daughter of five and two years old.

Access order passed by the Judicial Magistrate First Class, Pune Cantonment in a criminal misc. applicationrequires the first Respondent wife to grant visitation rights to the Petitioner; –

• on every weekend at least one night per week,
• two evenings, that is, Monday and Wednesday per week for two hours between 6 p.m. to 8 p.m. and
• on holidays or festivals days on three hours either between 11 a.m. to 2 p.m. or 4 p.m. to 7 p.m.

Read the order here;

-India Legal Bureau