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Abhishek Kumar Mishra vs Ankita Ghanshyamsinh Chauhan on 9 March, 2021

Bench: Mohan M. Shantanagoudar, Vineet Saran

                                                      1

     ITEM NO.3                    Court 10 (Video Conferencing)                SECTION IV-B

                                   S U P R E M E C O U R T O F         I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                      No(s).   3001/2021

     (Arising out of impugned final judgment and order dated 02-11-2020
     in CWP No. 18192/2020 passed by the High Court Of Punjab & Haryana
     At Chandigarh)

     ABHISHEK KUMAR MISHRA                                                    Petitioner(s)

                                                     VERSUS

     ANKITA GHANSHYAMSINH CHAUHAN                                             Respondent(s)

     (FOR ADMISSION and I.R. and IA No.24358/2021-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.24357/2021-PERMISSION TO
     APPEAR AND ARGUE IN PERSON
     [INTERACTION DONE] )

     Date : 09-03-2021 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                             HON'BLE MR. JUSTICE VINEET SARAN


     For Petitioner(s)                  Mr.Abhishek Kumar Mishra
                                         Petitioner-in-person

     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Permission to appear and argue in-person is granted.

Heard the petitioner in-person.

After hearing the petitioner-in-person, we are inclined to dispose of the Special Leave Petition with the following Signature Not Verified Digitally signed by observations:

A. The Trial Court is directed to decide the application for visitation rights filed by the petitioner within three weeks from  2 today without fail.

B. Since the petitioner is not permitted to visit the children because of COVID-19, we direct the Station House Officer of the Jurisdictional Police Station where the children are staying with mother at Baroda to give an opportunity to the petitioner to meet and talk with the children for at least two hours on 12.03.2021 as he is stated to have not seen his children for more than 500 days.

In our opinion, by this process, no prejudice will be caused to the other side.

It is open for the Station House Officer of the Jurisdictional Police Station to take decision after taking RT-PCR report of COVID-19 insofar as petitioner is concerned, before asking the petitioner to meet the children. It is human problem, the respondent as well as the Station House Officer of the Jurisdictional Police Station should also understand. The petitioner being the father is entitled to meet and talk with the children.

With these observations the Special Leave Petition stands disposed of.

Pending application, if any, stands disposed of.

(ASHWANI KUMAR)                                                  (R.S. NARAYANAN)
ASTT. REGISTRAR-cum-PS                                          COURT MASTER (NSH)