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This is an archive article published on March 24, 2015

PIL filed over difficulties faced by non-custodian parents, children while meeting at family courts

The guidelines reportedly detail the mode and manner in which access/visitation is to be provided to the non-custodial parent.

bombay high court, melinda gates foundation, child rights, PIL According to the petition, guidelines named “Child Access & Custody Guidelines ” formulated by an NGO named Child Rights Foundation, and the Guardian Judges of the Family Courts in the State of Maharashtra, were circulated to the Family Court Judges and Marriage Counselors across the state by the Registrar, High Court in January 2011.

A PIL has been filed in the Bombay High Court to bring to the court’s notice the difficulties faced by children and non-custodian parents who are not permitted to meet outside the cramped Child Access Room in the children’s complex at family courts.

Petitioner Kishwar Mirza has alleged that in spite of guidelines being issued to the family court, non-custodian parents are not allowed to meet the child outside the Child Access Room during the pendency of the parents’ divorce case.

According to the petition, guidelines named “Child Access & Custody Guidelines ” formulated by an NGO named Child Rights Foundation, and the Guardian Judges of the Family Courts in the State of Maharashtra, were circulated to the Family Court Judges and Marriage Counselors across the state by the Registrar, High Court in January 2011. “However, the same has not been implemented/approved brought into force/effect, and the same merely lies idle on the desk of the benches of the Family Courts,” the petition says.

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The guidelines reportedly detail the mode and manner in which access/visitation is to be provided to the non-custodial parent. The petitioner has urged HC to approve the guidelines and direct the principal judge of Family Courts to implement them.

Moreover, the petition requested the Court to permit a Panel of renowned practicing psychiatrists to visit the Family Court to ascertain the medical/psychological conditions of the children and submit a report accordingly. The petition says that the children are exposed to a litigating environment which is “ruining and poisoning their normal growth”. Alleging that the non-custodian parent feels as if he or she is meeting a jail inmate at the Children’s Complex, the petitioner urged the court to frame guidelines pertaining to the issues.

meghna.yelluru@expressindia.com

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