Som Nath vs Ankita

Jyotsna Rewal Dua, J

A grandfather has filed this time barred appeal, assailing learned Family Court’s order passed on 09.01.2023, declining his application seeking visitation rights to meet his minor grandchild Vivan Soni.

In the impugned order, learned Family Court has observed that real father of Master Vivan Soni had died. His mother Smt. Ankita had re-married and Vivan Soni was adopted by the second husband of Smt. Ankita. Adoption deed executed in this regard in accordance with law was also placed on record of the learned Family Court. Master Vivan Soni was produced before the learned Family Court. He stated that he was studying in the school in First standard and was being looked after very well by his parents. He expressed his disinclination to meet his grandfather. Taking into consideration all these facts, learned Family Court observed that allowing visitation rights to his grandfather (present applicant-appellant) would adversely affect the psyche of the minor child. Hence, the application was dismissed. The main case instituted by the appellant-applicant under Section 7 of the Guardian and Wards Act is pending adjudication before the learned Family Court.

The present appeal instituted by Master Vivan Soni’s grandfather is barred by 192 days. The reasons given for the delay are not sufficient and cogent in order to condone the delay. All that has been submitted in the application is that the applicant-appellant is an old ailing person, who lives alone on account of death of his wife and son. He found it difficult to manage his affairs. He became aware of passing of the impugned order only in the month of July 2023 and, thereafter took steps to prefer the appeal, which was instituted on 29.08.2023.

As per the affidavit sworn alongwith the application, the applicant-appellant is 66 years old and has been actively pursuing the litigation before the learned Family Court. No medical certificate reflecting any ailment alleged to have been suffered by him is placed on record. The dates of death of his wife and son have not been indicated in the application. No certificates in that regard have been appended. There is no good ground to condone the delay in moving the appeal. It will also be in place to state here that taking into consideration the fact that the matter concerned the prayer of the applicant-appellant about granting him visitation rights to meet his grandchild Master Vivan Soni, we had referred the matter to mediation. Learned Mediator has reported failure of the mediation proceedings. We have perused the report of learned Mediator.

Taking into consideration the above facts and holistic view of all attending circumstances, we are not inclined to entertain the application and the appeal. The application is dismissed. Consequently, the appeal is also dismissed.

Pending miscellaneous application(s), if any, also stand disposed of.