Bombay HC Held Non-Custodial Parent Cannot be Deprived of Love and Affection from the Children

Paridhi Arya

Published on April 16, 2022 at 12:54 IST

The Petition was filed by 38-year-old father, who is a Non-Custodial parent seeking to spend quality time with his twin sons in Bombay High Court.

The Single Judge Bench of Justice Anuja Prabhudessai of Bombay High Court directed that “Without getting into the merits of the Case” on April 14 to 16 children will stay with their father.

The Bombay High Court Bench observed “Children have the right to love and affection of both parents as well as grandparents”

Their mother who is presently holding Custody will bring them in a mall in Pune and their children and father will spend some time and from their they will go with father.

On April 17 at 11am in the same mall after spending four hours with father, mother will take the children back with her.

The Advocate Udane representing the Petition alleged that for past 22 months Petitioner did not see his children.

Advocate Udane also alleged that estranged wife of the Petitioner didn’t comply with the Order of March 10 which states that mother should allow father to meet his children on their birthday.

Advocate Udane pointed out that grandfather of the children is ill and want to see them.

“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 the Right to Love and Affection of both parents as well as grandparents. This is essential for their Personal Development and overall well-being,” Court said.

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