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HC Upholds the Man’s Right to See His Children through Video Conferencing in a Case of Matrimonial Dispute

Team SoOLEGAL 1 May 2020 5:16pm

HC Upholds the Man’s Right to See His Children through Video Conferencing in a Case of Matrimonial Dispute

The Bombay high court has directed a woman to make video conferencing arrangements for her two children aged 15 and 9 years, so that they may meet their father through video calls three days a week during the lockdown while hearing a writ petition in a matrimonial dispute filed by the wife.


Justice SJ Kathawalla stated that the said order will remain in effect until the lockdown in Mumbai is lifted and that video conferencing sessions with children will take place three times a week, i.e. between 5 pm and 6 pm on Monday, Thursday and Sunday. Court said, "If the children have any difficulty in coming online at the time specified herein, the parties may mutually fix the time when the father may access the children." 


At the same hearing, the lawyer of the respondent informed the court that the family court had granted her the custody of children and had ordered timely access to the father too. Furthermore, the order has stayed after the woman filed a petition for contempt citing a breach of the order. The man then approached the HC and got a stay on the family court order, and asked the couple to settle the issue, and appointed a mediator in December. The mediator was also provided to help the couple determines the question of the children's custody and access.


However, the respondent was unable to meet his children in person due to the nationwide lockdown and sought an alternative solution from the Court. The court directed the woman to make arrangements for her two children so that they could meet their father during the lockdown through video calls. The court held that the lockdown should not be an obstacle for the father to meet his children.

 



Tagged: Bombay high court   video conferencing   matrimonial dispute   Justice SJ Kathawalla   lockdown   mumbai   family court  
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