MOHAN KUMAR RAYANA versus KOMAL MOHAN RAYANA

The appellant should not be denied complete access to his minor child, even if there has been a default in complying with the directions of the High Court. Pending disposal of the appeals, the appellant should be allowed to have access to his minor child, at least to some extent, with specific arrangements for weekend access.

Parties: Appellant: Mohan Kumar Rayana; Respondent: Komal Mohan Rayana
Jurisdiction: India
Judgment Date: 01 November 2007
Procedural Posture: Civil Appeal / Appeal Against Interim Orders of High Court
Outcome: Appeals disposed of with modifications of interim orders passed by the High Court
Legal Topics: Custody of Minor Child, Visitation Rights, Welfare of Child

Family Law Custody of Minor Child Visitation Rights Welfare of Child

Case Brief

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Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Mohan Kumar Rayana

Appellant

Komal Mohan Rayana

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Orders of High Court

Legal Issues

1 Whether the appellant/father can be denied access to his minor child due to non-compliance with High Court directions
2 Appropriate interim arrangement for access to the minor child during pendency of appeals

Ratio Decidendi

Court Disposition

Appeals disposed of with modifications of interim orders passed by the High Court

Orders

Appellant/father will be entitled to have access to his daughter Anisha on weekends (Saturdays and Sundays).
Appellant may keep the child overnight on Saturday if the child is willing; otherwise, the child returns to the respondent by 9.00 p.m. Saturday.