Children Room In District Courts Must Be Kept Open On Every Second Saturday And Sunday For Visitation: Delhi High Court

The Delhi High Court has ordered that the children room in all District Courts in the national capital must be kept open on every Sundays and second Saturdays between 10 AM to 5 PM, so that visitation with children can also be directed on those days.

A division bench of Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta said that it is a matter of record that District Courts in Delhi are closed on Sundays and Second Saturday and no order for visitation can be passed on those days.

“Surely, if the children's room remain open, a party to a litigation can, have the benefit of visitation on these days as well,” the court said.

It added: “We are of the view, the children room in every District must be kept open on Sundays and second Saturdays also between 10 AM to 5 PM, so that any Court passing an order of visitation can also direct the visitation to be effected in Children Room, Family Court, District Court on every second Saturday and Sunday as well.”

The bench further ordered that necessary directions on the issue be issued by the Registrar General of the High Court to the District Judge or Principal Judge of Family Courts of every District in the city.

The court passed the order while dealing with an appeal moved by a father challenging a family court order which denied overnight access of both minor children to him but allowed him visitation for two hours on every third Saturday in the Children Room of Saket family court.

It was his case that the duration allowed by the family court did not entail a purposeful visitation for him and that he must be allowed for Sundays as well for sufficient duration.

It was also submitted that visitation must also be allowed on other days like on children's birthday, grandmother's birthday, grandparents' anniversary, etc.

Considering the age of the children and the fact that limited duration was granted by the Family Court, the court observed that the visitation right of the father for visiting his children should be extended by one hour on third Saturdays in the Children Room.

“Suffice to state that grandparents of the children shall also avail the visitation right for 1½ hours i.e., between 11 AM to 12.30 PM on the day of visitation. The counsellor attached to the Children Room shall file a report in respect of the visitation undertaken by the appellant in terms of this order. We close the appeal on above terms,” the court said.

Title: X v. Y

Citation: 2023 LiveLaw (Del) 1289

Click Here To Read Order