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
¶ 1At 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, 4The 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, 8The Court heard the parties and observed that the dispute concerned the appropriate arrangements for the child’s contact with his father
¶ 5, 9–1002Issues
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, 9–12ii.Whether visitation should take place at a public place and, if so, what arrangements would address the child’s comfort and welfare
¶ 6–8, 10–1303Law 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
¶ 11It also proceeded on the basis that contact with both parents may support a child’s upbringing and personality development
¶ 11Provisions 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, 10Balancing 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
¶ 11–1305Holding
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, 15The 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
¶ 12–14Original Court PDF
VAIBHAV KALELEvsMINOR MANAN KALELE
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