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While hearing a matter pertaining to the custody of a 17-and-a-half-year-old girl who has a hearing and speech impairment, the Bombay High Court said handing over custody to the father for the course of the summer vacation, in accordance with a Family Court order, would not be in anyone’s interest. Instead, there should be some effort to build a rapport between the girl and her father so that she can enjoy her time with the father, the court ordered.
Justice Dr Shalini-Phansalkar-Joshi was hearing a petition filed by the girl’s maternal uncle, who has her custody for all times except for the vacation season. The girl has recently appeared for her SSC examination.
Basing it on a report of the marriage counsellor which showed the girl was not happy staying with the father, the maternal uncle had filed an application before the Family Court for modification of the agreed arrangement of visitation rights and access. The Family Court, however, refused to modify the agreement that was mutually arrived at. The uncle then approached the High Court, challenging the Family Court order.
While the father had submitted photographs to show that the child had a wonderful time with him and she was happy in the company of father and his family members during the last vacation, a marriage counsellor from the Family Court had conducted an interview of the child and had said the child was not at all ready to stay with her father and that she had repeatedly said she does not want to go to the father’s place even for a short period.
The HC has now directed that the father have access to the child in the Family Court Children Complex every day from 11 am to 2 pm for eight days, commencing Wednesday. Thereafter, a report will be submitted by the Marriage Counsellor to the court about the relation between the two. The report will be submitted after June 2.
“Considering the she is on vacation till July 31,this will serve everyone’s interest as after receiving the report the request of the father for seeking half the custody over summer vacations can also be considered,” said the HC.
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