In a matrimonial dispute matter, a Family Court in Pune has directed a woman to let the father meet their 11-year-old son or pay a ₹5,000 fine each time the father is denied access to the child.
“If the respondent does not allow him to take the access, she will be liable for a fine of ₹5,000 per missed access. If it is found that respondent denied the access and willfully violated the order of the court during six months next, the custody of the child will be handed over to the petitioner father,” Judge NR Naikwade said.
The orders were passed in connection to a petition filed by the father of the child in 2020. He had submitted that he is the real father of the minor and despite being a caring and conscious father, he has never been allowed to meet his son or go on a vacation since the initiation of litigation in 2015.
He had filed the petition under Indian Divorce Act 1869 read with Section 12 of the Guardians and Wards Act 1890 with all other enabling provisions seeking physical custody of the minor son aged eleven years.
The couple got married on May 13, 2007 but have been living separately since 2008. The couple had applied for divorce.
In the petition, he had stated that his wife was suffering from various medical ailments and thereby it became imminent to grant the custody of the minor child to the petitioner for his growth and overall personality development under the care of the father as much more important than the mother.
However, the woman denied all the contentions submitted by the husband. She stated that the father has neither paid a single penny for the education of the son nor maintenance. The mother of the child also submitted that she is ready to comply with the order but the father has never intended to meet the child. She also stated that the petitioner has failed to discharge his preliminary duty as the father.