The Allahabad High Court recently allowed a Habeas Corpus petition filed by a father seeking visitation rights to meet his son, who currently resides with his mother.
The child lives with his mother as per a mutual agreement reached between the parents during their divorce proceedings. Although the arrangement specified that the child would stay with the mother, the father later approached the Court, alleging that he was being denied access to his son.
Justice Anil Kumar Ojha, presiding over the case, ruled that since the petitioner, Abhinay Jain, is the biological father of the child, he has the right to visitation.
Based on the case details, the Court granted the following visitation rights:
- The father can visit his son once a month, on the first Sunday, from 11:00 a.m. to 1:00 p.m., at the mother’s residence.
- He is also allowed to meet his son on Holi and Diwali, the day before each festival, for two hours at the same location.
- Both parents must ensure that no disturbances occur during these visits.
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