Recently, the Allahabad High Court has allowed a Habeas Corpus petition filed by a father seeking visitation rights to meet his son who is currently living with his mother.

In this case, the child is living with his mother as a result of a mutual agreement reached between the husband and wife in a divorce case.

It was agreed in the agreement that the child would live with his mother. However, the father filed a complaint with the Court, claiming that he was not permitted to meet the child.

The Bench of Justice Anil Kumar Ojha said that since the child was born out of wedlock of petitioner, Abhinay Jain, and Respondent No. 2, Smt. Megha Jain, the petitioner, being the father of the corpus/child, is entitled to visitation rights.

Considering the facts and circumstances of the case, the Court allowed the petitioner father’s visitation rights as follows:

(1) Petitioner is granted visitation rights to see his son once a month, on the first Sunday of the month, from 11:00 a.m. to 1:00 p.m., at the home of Respondent No. 2/mother.

(2) Petitioner is also granted visitation rights to meet his son, on Holi and Diwali, just the day before the festival, for two hours at the residence of Respondent No. 2./wife.

(3) Petitioner and Respondent No. 2/wife shall not cause any disturbance at Respondent No. 2/wife’s residence.