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ITEM NO.34 COURT NO.3 SECTION III

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 11-12/2023 in C.A. No. 1251-1252/2020

AJAYKUMAR PUNJABHAI CHAUDHARY Petitioner(s)

VERSUS

SONALBEN Respondent(s)

Date : 25-01-2024 These petitions were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI
HON'BLE MR. JUSTICE SANDEEP MEHTA

For Petitioner(s)
Mr. Mehmood Umar Faruqui, AOR

For Respondent(s)

Dr. Purvish Jitendra Malkan, Adv.

Ms. Dharita Purvish Malkan, Adv.
Mr. Alok Kumar, Adv.
Mr. Kush Goel, Adv.
Mr. Ajit Rao, Adv.
Mr. Saudagar Singh, Adv.
Ms. Bhavna Sarkar, Adv.
Ms. Khushboo Aakash Sheth, AOR

UPON hearing the counsel the Court made the following

O R D E R

1. Learned counsel for the respondent-wife submits that

order dated 07th February, 2020 only directs visitation rights

to the petitioner-father on one of the Sundays in a month from

Signature Not Verified

08:00 a.m. (Morning) to 07.00 P.M. (Evening).

Digitally signed by
Deepak Singh
Date: 2024.01.25
18:20:03 IST
Reason:

2. Learned counsel for the petitioner submits that the

visitation rights are being construed as if that the same have

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to be utilized within confines of the residence of the

respondent. He submits that the petitioner’s right has been

curtailed to take his child out which is not permissible as

per the said order. The visitation rights do not mean that the

child and the father should remain in confines of the mother’s

residence for a period of 11 hours.

3. Naturally, a father would be entitled to take his son out

for an outing, the only requirement should be, that they

should return back prior to 07:00 p.m. Ordered accordingly.

4. With this clarification, the contempt petitions are put

at rest.

5. List these matters after four weeks for compliance.

(DEEPAK SINGH) (ANJU KAPOOR)

COURT MASTER (SH) COURT MASTER (NSH)