RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:

1. In the instant appeal, the judgment dated 23.05.2022 and decree dated 30.05.2022 passed by the learned Principal Judge, Family Court, Jamtara in Original (Guardianship) Suit No. 30 of 2020 is under challenge, whereby and whereunder, the lis has been decided in favour of the respondent-wife.

2. The appellant, during pendency of the instant appeal, has made specific prayer before the co-ordinate Bench as has been taken note in the order dated 10.02.2025 restricting the prayer only to the visitation rights of the younger son who is residing with his mother, the respondent herein. For ready reference, the order dated 10.02.2025 is being reproduced as under: "Mr. Pratiush Lala, learned counsel appearing for the appellant has been very fairly submitted that he shall confine his prayer only with respect to the visitation rights of the appellant.

It has been submitted that the elder son of the appellant and respondent stays with the appellant and so far as the younger son is concerned, he stays with the respondent and for his custody the Original (Guardianship) Suit No. 30 of 2020 was preferred by the appellant.

Upon considering the limited prayer made by learned counsel for the appellant, Ms. Tejaswi, learned counsel appearing for the respondent is directed to take instruction.

Let this case be listed on 20th February, 2025."

3. The co-ordinate Bench has passed the order upon the learned counsel for the respondent to seek instructions. The co-ordinate Bench has further directed the appellant, as would be evident from the order dated 20.03.2025, to file affidavit naming three places in which the appellant may visit his younger son who stays with the respondent and shall submit an advance copy of the said affidavit to the learned counsel for the respondent who in turn shall take instruction from the respondent as to the place which would be of her choice for allowing the appellant and his elder son to visit the younger son who is staying with his mother. For ready reference, the order dated 20.03.2025 is being reproduced as under:

"Ms. Tejaswi, learned counsel appearing for the respondent has submitted that the respondent does not have any objection on account of the limited prayer made by the appellant that he be given visitation rights to visit his younger son who stays with the respondent. This instruction has been received by the learned counsel for the respondent in terms of the order dated 10.02.2025.

Mr. Pratiush Lala, learned counsel for the appellant submits that he shall file a short affidavit naming three places in which the appellant may visit his younger son who stays with the respondent and shall submit an advance copy of the said affidavit to the learned counsel for the respondent who in turn shall take instruction from the respondent as to the place which would be of her choice for allowing the appellant and his elder son to visit the younger son who is staying with her mother i.e. the respondent herein.

Let this case be listed on 16th April, 2025 under the heading "For Orders"."

4. The matter, thereafter, has been listed before this Court.

5. Learned counsel for the respondent has submitted that in pursuance of the order dated 20.03.2025, she is having with the instructions showing no objection in granting visitation rights, however, she had sought for time to file an affidavit as would be evident from the order dated 16.04.2025.

6. Mr. Tejaswi, learned counsel for the respondent, today, has submitted that the respondent is not willing to come to the Court, as such, the affidavit could not have been filed.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfOH9SY1q%2Fk6hEVXRbbF7mUIPU781ZfxIMauohwCmnYvp&caseno=FA/63/2022&cCode=1&cino=JHHC010249942022&state_code=7&appFlag=)

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