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2025 DAILYLAW 23553 (ALL)

MUKESH UPADHYAY v. MONICA UPADHYAY

A227/1956/2025 · 2025-03-11

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:36523 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1956 of 2025 Petitioner :- Mukesh Upadhyay Respondent :- Monica Upadhyay Counsel for Petitioner :- Mukesh Upadhyay Counsel for Respondent :- Durgesh Pratap Singh,Sujan Singh Hon'ble Rohit Ranjan Agarwal,J. 1. The petitioner Mukesh Upadhyay has appeared in person before this Court. Sri Sujan Singh, Advocate has put in appearance on behalf of respondent. 2. On earlier occasion, the petitioner was directed to supply a copy of the writ petition to the respondent's counsel, which he has already supplied. 3. The petitioner before this Court is seeking modification of order dated 06.7.2024 by which, limited visitation right has been granted by the Court below. 4. The petitioner claims that he is the father of the minor child Riyansh, who is in custody of the respondent-wife and had sought visitation right before the Court below. By order dated 06.07.2024, he has been granted visitation right to meet his minor son Riyansh once in a month on third Sunday for three hours between 11 a.m. to 3 p.m.. He claims that the said order be modified to the extent that he should be permitted to meet his son at least twice in a month and also be permitted to make video call to his son and talk to him for 15-20 minutes on every weekend. 5. The prayer made by the petitioner has been vehemently opposed by the counsel for the respondent. 6. I have heard the petitioner and counsel for the respondent. 7. It is an admitted fact that from the wedlock between the petitioner and respondent, minor son Riyansh was born. Due to the matrimonial dispute having arisen between the parties, both the parties are living separately and minor son Riyansh is in the custody of the respondent. 8. Looking to the fact that the petitioner is the father of the child, the order dated 6.7.2024 is modified to the extent that :- (i) The petitioner will be permitted to meet his son Riyansh twice in a month i.e. on 1st and 3rd Sunday of each month between 11 a.m. to 2 p.m. at Sarnath, as suggest by the respondent's counsel; and (ii) The petitioner is permitted to talk to his minor son Riyansh through video call on every weekend i.e. Friday for 15 minutes between 6-7 p.m.; and (iii) If the petitioner wants to give any gift, as he likes, to his son, the same shall not be obstructed by the respondent. 9. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 12.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad