Are children visitation rights applied by JK courts: HC asks JKSLSA

 The High Court directed Member Secretary, Jammu Kashmir State Legal Service Authority (JKSLSA) to place a report as to whether the arrangements directed by the Supreme Court regarding the children visitation rights are being applied by the courts in J&K.
The court directed member secretary of JKSLSA to place a report as to whether the arrangements directed by the apex court in a case, 'Tanuj Dhawan versus the court on its own motion' are being applied by the courts in J&K and litigants regarding ensuring visitation of the children with their parents.
"This exercise may require ascertaining the details of the cases where orders for visitation have been passed," the division bench of Chief Justice Gita Mittal and justice Rajnesh Oswal directed.
The direction came after the amicus curiae, Monika Kohli, who drew the attention of the court regarding the compliance of orders of the children visitation rights passed in the courts during the lockdown period.
Monika placed before the court an order passed by the Supreme Court on 30 April 2020 wherein the petitioner has made a grievance that because of lockdown, the children are unable to interact with their parents even though they have visitation rights for the purpose.
The apex court after hearing the petitioner remarked that if children have visitation rights, "we suggest that electronic contacts instead of physical visits can be substituted in these times. The parties can arrive at mutually-acceptable arrangements in this regard."
The bench after perusing the apex court order directed the authorities that compliance of directions with regard to the child visitation would be ensured in the manner as observed by the Supreme Court.
In this regard, the court directed Member Secretary, JKSLSA to place a report before the court the next date of hearing.
Meanwhile, the court directed all trial courts to ensure that they evolve appropriate mechanisms to ensure that the orders of payment of maintenance are complied with despite lockdown.
"It would be open for the trial courts to use any mode of communication including mobile phones, emails, landline phones and e-modes of payment to ensure that the dependents in whose favour maintenance orders have been passed, actually receive the maintenance," the division bench directed.
The bench directed that Secretaries, District Legal Services Authorities and paralegal volunteers may be utilized to facilitate the compliance of these directions.
The court listed the matter for 2nd June 2020.