Chhattisgarh High CourtFamily LawCivil Procedure and Evidence

After Long Gap Without Meetings, Chhattisgarh HC Sets Monthly Public-Place Father-Son Visits, With Mother Bringing Child And Grandparents Allowed To Join

VAIBHAV KALELEv.MINOR MANAN KALELE

After Long Gap Without Meetings, Chhattisgarh HC Sets Monthly Public-Place Father-Son Visits, With Mother Bringing Child And Grandparents Allowed To Join. VAIBHAV KALELE vs MINOR MANAN KALELE. Chhattisgarh High Court. LawLens
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In brief

The question

Whether the appellant should be permitted to meet the child by way of visitation, notwithstanding that he did not press the appeal on its merits

The court held

The Court disposed of the appeal without deciding its merits and granted visitation on the first Sunday of each month from 12:00 p.m. to 4:00 p.m. at a public place or another place agreed by the parties

It also directed

The mother must accompany the child, the meeting place must be agreed in advance by telephone, and the paternal grandparents may attend. The schedule and frequency may be extended by agreement, and both parents must maintain a peaceful and pleasant atmosphere during the meetings

01Facts

The appellant appealed under Section 19(1) of the Family Courts Act against the Family Court’s judgment dated 16 May 2025 rejecting his application under Sections 7 and 25 of the Guardians and Wards Act

¶ 1

At the hearing, the appellant did not press the appeal on its merits and instead sought visitation with his son, including at a neutral public place where the child’s paternal grandparents could also attend

¶ 2, 4

The mother had no objection to the father meeting the child, but considered that, given the child’s lack of recent contact with him, the initial meetings should take place at her residence or with her present

¶ 3, 6, 8

The Court heard the parties and observed that the dispute concerned the appropriate arrangements for the child’s contact with his father

¶ 5, 9–10

02Issues

i.Whether the appellant should be permitted to meet the child by way of visitation, notwithstanding that he did not press the appeal on its merits

¶ 2, 9–12

ii.Whether visitation should take place at a public place and, if so, what arrangements would address the child’s comfort and welfare

¶ 6–8, 10–13

03Law Applied

The Court referred to the principle under the Hindu Minority and Guardianship Act, 1956 that the child’s welfare and interests are paramount, rather than the convenience of either parent

¶ 11

It also proceeded on the basis that contact with both parents may support a child’s upbringing and personality development

¶ 11

Provisions in the judgment · 3 · Linked ones open on LawLens

Family Courts Act, 1984 Section 19

Guardians and Wards Act, 1890 Section 7Section 25

04Reasoning

The Court considered the mother’s concern that the child might be uncomfortable meeting his father after a long period without contact, but found no serious objection to the meeting taking place outside her home

¶ 8, 10

Balancing that concern against the child’s interest in contact with his father, the Court considered a public-place arrangement appropriate. It required the mother to accompany the child to the agreed venue and permitted the paternal grandparents to attend, thereby accommodating the child’s transition and the father’s request

¶ 11–13

05Holding

The Court disposed of the appeal without deciding its merits and granted visitation on the first Sunday of each month from 12:00 p.m. to 4:00 p.m. at a public place or another place agreed by the parties

¶ 2, 12, 15

The mother must accompany the child, the meeting place must be agreed in advance by telephone, and the paternal grandparents may attend. The schedule and frequency may be extended by agreement, and both parents must maintain a peaceful and pleasant atmosphere during the meetings

¶ 12–14
Chhattisgarh High Court

Original Court PDF

VAIBHAV KALELEvsMINOR MANAN KALELE

Chhattisgarh High Court · November 03, 2026

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