In a recent judgment, the Allahabad High Court addressed a contentious issue regarding visitation rights in the case of Laxmi Prakash v. Pooja Gangwar (First Appeal Defective No. 314 of 2024). The appellant, Laxmi Prakash, challenged the lower court’s decision that allowed him minimal visitation rights to his child at a police station. The appellant’s counsel, Sri Utkarsh Shukla, argued that such a setting was inappropriate for a child’s visitation.
Important Legal Issues
The primary legal issue in this case revolved around the suitability of the location designated for the appellant’s visitation rights. The appellant contended that a police station was not a conducive environment for a child due to the potentially traumatic experiences it could expose the child to. The court had to consider whether the lower court’s decision was in the best interest of the child and whether an alternative location could be more appropriate.
Court’s Decision and Observations
The bench, comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh delivered a significant judgment on July 24, 2024. The court acknowledged the appellant’s concerns and emphasized that a police station is not an appropriate place for child visitation. The court observed:
“A police station can never be described as an appropriate place where visitation right may be allowed. Visit by any child to a police station may not be a desirable event in his life. Unwittingly, he may become witness to occurrences and transactions that may not be conducive for his upbringing.”
The court highlighted the potential negative impact on the child’s emotional well-being, noting that exposure to distressing sights and experiences at a police station could burden the child’s emotional scale unnecessarily. The judges further stated:
“All those visuals may not be such as may be voluntarily added to the child’s memory, especially when the child is himself undergoing a trauma of having parents who are living in discord.”
Modification of Visitation Rights
In light of these observations, the Allahabad High Court modified the lower court’s order. The court directed that the visitation rights should be exercised at a more suitable location, such as within the premises of the Family Court, Bareilly, or at a vulnerable witness center. The court also left it open for the parties to apply for further modifications regarding the visitation location if necessary. The judgment concluded:
“With the above modification, present appeal stands disposed of.”
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Parties and Legal Representation
– Appellant: Laxmi Prakash
– Respondent: Pooja Gangwar
– Counsel for Appellant: Sri Utkarsh Shukla, Kinshuk Shukla
