Paramjit Singh Lamba vs Prabjot Kaur I (2004) DMC 806 Delhi HC on 12 April 2004 Delhi HC on 12 April 2004

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This is judgement clearly states that good amount of visitation time should be given to the non – custodial parent. 3. ……………..Assuming that a parent was uncaring at a particular stage in the child’s life, he/she should not be shut out for all times to come. As already observed a decision should be taken not from the claim of the parent, but from the standpoint of the child concerned, since there can be no argument against the necessity for the child to spend time with both parents. In the present case the fixation of only one hour in a month has led to the consequence of the child refusing to meet her Father, that is, the Petitioner herein. Such an abhorrence towards the Father cannot but be the result of brainwashing by the Mother, which has succeeded in large measure because of the extremely limited access of the Petitioner with his daughter.
4. So far as the interests of the child are concerned it is imperative that a meaningful exposure to both parents should be ordained by the Court. One hour every month is clearly counter-productive for the achievement of this objective, as this case palpably manifests. The Court should endeavor to make a weekly meeting possible and only insist that this should be in the Court precincts where no other alternative is possible. It is only in rare cases that such a location should be prescribed. The duration of the meeting should be fixed so as to enable a healthy interaction between the parent and child, and should not be reduced to a mere legal formality. There is also no reason why a shorter visitation, say for one hour, should also not be ordered on a week day so that there is constant contact between the child and the parent. This may be onerous or awkward for the parent who has custody, but in a dismembered family, it cannot be avoided. The parents will eventually evolve a system and develop a pragmatic and healthy attitude where their lives continue in the smoothest manner possible even in such adverse and unfortunate circumstances.

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