Save Family Foundation (SFF) & Men Welfare Trust (MWT), both registered NGOs, have been witnessing a huge surge on the issues specifically related to child visitation during Corona Lockdown.
Many of fathers, across India, have fought vigorously to get visitation orders to meet their children, amidst matrimonial disputes, from the respective Family Courts or Trial Courts. In many cases, our NGOs have come across the ordeals of fathers, who even after winning, are at the losing end, as the custodial mothers are misusing the Corona Lockdown to create a Chinawall between Father and Child.
Such Custodial Mothers have completely ignored the welfare of child and the rights of a child to meet their father. Since the existing visitation orders are not explicitly mentioning about the provision of Electronic Visitation (over Video Conferencing etc), many Custodial Litigating mothers are misusing this gap to their advantage. This has left many fathers helpless during these critical times and has created huge pressure on non-custodial fathers, about the health and safety of their children.
Seeing this huge issue for the very upbringing, rights of Children and respecting the intention of the courts, which granted visitation rights to father, a member of Men Welfare Trust (MWT) & Save Family Foundation (MWT), Dr. Tanuj Dhawan, took up the task of knocking the doors of justice at the highest level and filed an online Petition (PIL) in the Hon’ble Supreme Court.
While hearing and deciding the said petition by MWT, SFF member, the Hon’ble Supreme Court has issued clear observation that Electronic Contact instead of Physical visits can be substituted, keeping in view of the rights of the Child, non-Custodial parent and giving respect to the Intent of the respective Hon’ble courts, while granting visitation. The Hon’ble Supreme Court, further observed, that in case there is an aggrieved party (in this case, the non-custodial parent), they can approach to respective Family Court.
Based on these observations, MWT & SFF appeal to all the litigating parents to not use Corona or their own child as a tool of unleashing vengeance from the non-custodial parent (mostly fathers). The Observations of the Hon’ble Supreme Court are clear about Electronic Visitation to continue, as directed in the visitation orders.
We also would appeal humbly to all the Hon’ble Family Courts and Trial Courts of India to take a note of these observations from the Apex Court and provide quick and urgent redressal to the aggrieved parent, whose right of having visitation (physical or Electronic, as observed by Hon’ble Supreme Court, herein) is getting curtailed by the Custodial Parent (mostly mothers), during these times of pandemic.
Courts must also take into account the conduct of a custodial parent in these times, where stopping the visitation show their clear intentions, being against child welfare and hence cancel the custody to such parents.
At last, we are short of words while thanking Dr. Tanuj Dhawan, who took this petition Party in Person to the Hon’ble Supreme Court and did applaudable handwork in getting it listed as an urgent PIL and getting positive observations from the Hon’ble Supreme Court.
Breaking: Supreme Court Allows Parents Having Visitation Rights To Maintain Contact With Children Via Electronic Means [Read Order]
A message from Mr. Tanuj Dhawan for Nation & Some NGO's Members who misusing the order to collect Donation from Victims!
Order on my PIL petition dated 30-04-2020 is being misused by some NGOs. They are citing it as their petition order and asking for donations. We work for free for the welfare of society. Please do not donate anything to such people. https://t.co/z8PU2Moblg— Tanuj Dhawan (@TanujDhawan9) May 2, 2020
1 comment:
Good observation
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