High Court for strict observance of child visitation rights

Asks trial courts to ensure payment of maintenance amid lockdown

The High Court has directed J&K State Legal Service Authority (SLSA) to report whether courts in J&K are “applying the arrangements” as urged by the Supreme Court, on child “visitation” rights.

Hearing on its own motion a Public Interest Litigation, division bench of Chief Justice Gita Mittal and Justice Rajnesh Oswal asked Member Secretary, J&K SLSA to file a report on whether the arrangements as directed by the SC in a petition titled Tanuj Dhawan vs Court on its own motion, were being applied by the courts and litigants in J&K.

This exercise, the court said, may require ascertaining the details of the cases where orders for “visitation” have been passed.

The court issued the direction after amicus curiae, Monika Kohli, drew attention of the court to the directions passed by the SC on visitation rights in the writ petition.

The grievance of the applicant before the SC was 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 suggested that “electronic contacts instead of physical visits can be substituted in these times if the children had visitation rights”.

The apex court held that the parties can arrive at mutually “acceptable arrangements” in this behalf. “If there is an aggrieved party, the same can approach the Family Court,” the SC added.

Meanwhile, the High Court asked all trial courts in J&K to ensure “appropriate mechanisms are evolved for the payment of maintenance” amid lockdown.

“It shall 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.”

On a report that in 20 districts, orders of maintenance had been passed on many complaints but no payment was made on account of lockdown, the court had previously said the maintenance deserved to be regularly made available.

The court directed the SLSA to place before it by June 2 a compliance report with regard to the child “visitations” in the manner as observed by the SC.

For facilitating compliance, the court said services of District Legal Services Authorities and paralegal volunteers may be utilized to facilitate the above compliances.

Meanwhile, the court asked Assistant Solicitor General of India T M Shamshi to submit till June 2 a report regarding the mechanism to meet “the needs of victims of domestic violence, elderly abuse, child violence and violence against trans genders in UT of Ladakh”.