While asking a woman to grant access of the children to her husband for four days, the Bombay High Court noted that children have the right to love and affection of both parents as well as grandparents.
Single judge bench of Justice Anuja Prabhudesai was hearing a plea filed by a man seeking custody of his children. The children are currently residing with their mother.
The petitioner stated that his father has been suffering from some health issues and wants to meet his grandchildren. He submitted that despite the court orders, his wife didn’t allow him to meet the children on their birthday.
“Needless to state that the petitioner-father, the non-custodial parent cannot be deprived of his right to spend quality time and enjoy the company of the children. Furthermore, the children also have right to love and affection of both parents as well as grandparents. This is essential for personal development and overall well being of the children,” Justice Prabhudesai said.
The court has ordered the respondent to bring the children to Phoenix Mall in Pune on April 14 morning to spend time with the husband and children together till the evening.
The father will have their custody and will bring back the children to the mall on April 17 morning to hand over their custody to the mother.
Justice Prabhudesai has referred the matter to Justice (retd.) Shalini Phansalkar-Joshi for mediation in order to help the couple amicably settle the dispute. The court has directed the mediator to submit a report within the next six months.
The petitioner had sought contempt proceedings against his wife for not following the court orders.
The couple parted ways in 2018 and has been arranging the custody of their twin sons. The husband filed the petition in 2020.