The Supreme Court in its order dated March 18, 2024 appointed a para legal volunteer to facilitate access between non-custodial parent (mother) and the child who was living with the father.
The mother in this case had complained against the father for using diversionary tactics to stop meeting between her and their minor child.
READ JUDGMENT | Best Interest Of Child Cannot Be Solely Based On Mother’s Love & Care: Bombay HC Grants Custody To Father
Case:
Parties are amidst their matriomonial battle where the custody of the minor son remains with the father.
In the last court hearing, the father was directed to drop the son at the place of residence of the respondent-wife i.e. the ancestral home of the petitioner-husband, on every weekend, i.e. on every Saturday and Sunday between 4.00 pm and 600 p.m. However, the wife’s counsel informed Supreme Court that the custodial parent “created all kinds of obstacles in the access of the minor child to the respondent-wife”.
The wife also alleged that the father insisted that the child meets the mother at the Porch instead of going inside the house, and the child had been cautioned not to consume any food while with the respondent-wife.
The respondent wife alleged that the child was not brought to meet her on 18th February, 2024 as per court order.
The counsel for the husband disputed all the above accusations.
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Supreme Court
The Supreme Court bench led Justice Hima Kohli and Justice Ahsanuddin Amanullah directed the Secretary of the District Legal Services Authority (DLSA) to appoint a para legal volunteer to pick up and drop the child from/to the residence of the petitioner-husband. The top court ordered:
A para legal volunteer will pick up and drop the child from/to the residence of the petitioner-husband at 3.00 p.m. on every weekend (i.e. Saturday and Sunday), drop him at the residence of the respondent-wife at 4.00 p.m. and pick up the child back at 6.00 p.m. to drop him back at the residence of the petitioner-husband.
Besides the actual transport expenses, a sum of ₹1,000/- (Rupees One Thousand) per visit shall be paid by the petitioner-husband to the para legal volunteer.
The matter was listed for May 3, 2024 and in the interim, the parties were directed to work out a settlement.
READ JUDGMENT | Interim Maintenance, Child Custody; Delhi HC Sets Timeframe To Dispose Off Matrimonial Matters
VOICE FOR MEN INDIA NOTE:
- Voice For Men India bats for Shared Parenting from both sides and does not encourage parental alienation by either parent
- While here it is the father who has been restricting access between the mother and the son, this order could be used by other men who are in similar situation – where the mothers/wives are not facilitating meeting between the non-custodial fathers and their children
READ ORDER: Karnataka High Court Orders Employer To Hold Back Wife’s Pay Until She Hands Over Daughter’s Custody To Father
Who Are Para Legal Volunteers?
During the year 2009 National Legal Services Authority (NALSA) brought out a scheme called the Para-Legal Volunteers Scheme which aimed at imparting legal training to volunteers selected from different walks of life so as to ensure legal aid reaching all sections of people through the process of Para-Legal Volunteers Scheme; ultimately removing the barriers into access to justice.
The Para-Legal Volunteers (PLVs) are expected to act as intermediaries bridging the gap between the common people and the Legal Services Institutions to remove impediments in access to justice. Ultimately, the process aims at Legal Services Institutions reaching out to the people at their doorsteps rather than people approaching such Legal Services Institutions.
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READ ORDER | Supreme Court Appoints Para Legal Volunteer In Child Custody Case
— Voice For Men India (@voiceformenind) April 1, 2024
▪️Voice For Men India bats for #SharedParenting from both sides and does not encourage #ParentalAlienation by either parent#VoiceForMen https://t.co/Dnkl0lYP0P
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