Santosh Meena vs Siddharth B S Meena

I.A. No.4761/2020:

This is an application on behalf of the respondent seeking interim custody of the child in the light of the judgment dated 31.8.2019 passed by the Family Court until the final disposal of the present appeal.

Notice of this application was issued and reply has been filed by the appellant inter alia stating that she has been complying with the orders of this Court by taking the child from Alwar to Bhopal on every first and third Friday of the month despite it being very difficult and tedious for her to travel with her nine-year old son and there has been no default except for one occasion in the month of March, 2020 due to final examination of the child and that too was permitted by the order of this Court. During the lockdown and extended lockdown periods on account of Covid-19 pandemic the child has remained with her and they have ensured that regular conversation between the child and the father continues through video calls/normal calls and WhatsApp, which would be evident from documents Annexure A-1. The allegations against the appellant that she never permitted the child to speak to the father are baseless. The appellant is a doctor by profession and during the ongoing pandemic it will be suitable for the child to continue to stay with her until the travel within the country resumes normally, as Alwar to Raipur (Chhattisgarh) is not only an inter-State travel but is also very far, which could be risky for the child.

Learned counsel for the respondent-applicant, however, urged that the appellant is not permitting the father to even get in touch with the child through the video calls on one or the other false pretexts.

A perusal of the record shows that vide order dated 26.09.2019 the custody of child Arihant was handed over to the father for a month. However, the said order came to be modified on 05.11.2019 when it was directed that the custody of the child shall remain with the mother and visitation rights of the father in terms of earlier order were maintained.

Thereafter, on an application (IA No.2966/2020) filed on behalf of appellant for modification of visitation rights of the father for the month of March, 2020 due to final examination of the child, who is staying at Alwar, the visitation rights of the father and custody of the mother was maintained. However, the father was allowed to meet the child at Alwar in the month of March, 2020 after giving advance intimation to the appellant. The case was adjourned for 23.04.2020. In the meantime, from 25.03.2020, the lockdown under the Disaster Management Act, 2005 ensued in the country and thereafter, in phases at different places. Now the present application has been filed by the respondent seeking interim custody of the child, as noted above.

After hearing learned counsel for the parties, we find that it would not be advisable, at this stage, to change the custody of the child. Accordingly, the same will continue with the mother till the next date of hearing. However, after hearing learned counsel for the parties, a proposal was put to learned counsel for the respondent-applicant that visitation rights can be conferred through video conferencing, as physical meeting of the child during Covid-19 may not be feasible in the interest of the child and the parties.

Accordingly, it is directed that the respondent-applicant i.e. the father shall be entitled to have video conferencing with the child every fortnight for half-an-hour in an amicable environment and said arrangement shall continue for the months of September and October, 2020. The first video conferencing shall take place on or before 15th September and thereafter, on 30th September, 15th October and 31st October, 2020. It is also clarified that the respondent-father shall intimate the appellant-mother two days in advance about the time of video conferencing and by mutual consent the time shall be fixed. It is, however, observed that in case, there is any violation of this order, it shall be open for the respondent-applicant to move this Court for proper orders.

To come up on 03.11.2020.