Ankur Bhansali And Others vs Sonal Bhansali

This appeal is directed against the judgment dated 1.2.2021 passed by Family Court No.1, Jodhpur, whereby, the application filed by the appellants under Section 12 of the Guardians and Wards Act, 1890, seeking custody of the children for two days in a month, has been dismissed, however, visiting rights as indicated in the order during pendency of the original proceedings have been granted.

The appellants have challenged the directions in relation to the visiting rights granted to them to the extent that the order required consent of both the children and praying that the meeting place should be other than the residence of the respondent.

During pendency of the present proceedings, on 6.9.2023, a grievance was raised that the application filed by the respondent seeking monthly maintenance for herself and the minor children is pending consideration since long before the trial court and same is not getting decided, when directions were given to decide the same expeditiously.

Pursuant to the order dated 06.09.2023 passed by a Coordinate Bench of this Court, the trial court has passed the order dated 29.09.2023 ordering for payment of interim-maintenance to the tune of Rs.20,000/- per month for the children from the date of application. The court has further ordered that the entire school fees and amount pertaining to books, school uniform and transportation charges, be also paid by the appellants for the children. The amount has been ordered to be deposited in the bank account, details whereof were required to be indicated.

Learned counsel for the appellants submits that, insofar as, the amount of monthly maintenance is concerned, the appellants would start paying the same with the month of October, 2023, which amount would be deposited in the Bank Account particulars whereof have been shared by counsel for the respondent with him.

Qua the order passed by the trial court for payment of amount of arrears of maintenance as well as expenses, it is submitted by learned counsel that the next date in the execution proceedings before the trial court is 9.10.2023, on which date the appellants would put in appearance in the said matter and whatever determination of the quantum is made by the trial court pertaining to the arrears, the same would be paid by them within one month from the date, the determination is made by the said court.

Further submission has been made that the appellants shall cooperate with the court in early determination of the amount.

In relation to the visitation rights, submissions have been made that the direction given by the Family Court are impractical, wherein, despite efforts made to enjoy the said visiting hours by the appellants, on account of non-cooperation by the respondent, the same have not fructified.

Submissions have been made that the children may be permitted to meet the appellants at some neutral place and only to this extent, the order impugned passed by the Family Court may be modified.

Learned counsel for the respondent made submissions that by way of an additional affidavit, the respondent has proposed the residence of one Mr. Sanjay Gehlot for the said purpose and also offered that respondent also would not remain present during the period the appellants meet the children at the said place.

Learned counsel for the appellants submitted that the said proposal is not acceptable to the appellants and suggested that the children may be made available for the purpose of visitation by the appellants at Kids Zone, near Hotel Novotel, Jodhpur on every Sunday from 12 Noon to 04:00 pm and rest of the indications made in the order would be followed by the parties.

Learned counsel for the respondent has no objection to the said modification in the order impugned and making available the children at Kids Zone, near Hotel Novotel, Jodhpur on every Sunday from 12 Noon to 04:00 pm.

In view of the above submissions made by learned counsel for the parties, the order impugned dated 1.2.2021 passed by Family Court No.1, Jodhpur, is modified only to the above extent regarding the place, day and timing of visitation rights available to the appellants.

It is expected of the parties that when the children are brought to the Kids Zone, near Hotel Novotel, Jodhpur, for the purpose of visitation rights as indicated, they behave appropriately so as not to cause any distress to the children.

It is expected of the trial court to decide the execution application filed by the respondent in relation to the order passed on 29.9.2023 with utmost expedition.

With the above observations and directions, the present appeal stands disposed of.