New Delhi, Nov 12 (PTI) A Delhi court has denied a father's request to meet his infant son on his birthday, saying that the possibility of a similar incident of forcibly taking away the child in a fit of emotion could not be ruled out and might adversely affect his psychology.
Principal Judge Bhupesh Kumar was hearing an application filed by Abhimanyu Poddar, the father of the child, seeking interim visitation rights to meet and interact with his minor son on November 16, when the child turns two.
In an order dated November 5, the court said, "The proceedings of the present matter dated April 18, 2026 reflect that the child was kidnapped by the petitioner. The order dated April 20, 2026 of my learned predecessor court reflects that consent for visitation right was withdrawn.
"No doubt, it is settled law of land that the child can be developed physically, mentally and psychologically under the company of both parents. But it depends upon the facts and circumstances of each case."
The court referred to an order passed by its predecessor, which recorded that the father had taken the child away from the children's room during the scheduled visitation.
The court noted that the child was returned to the mother only after two days and following the registration of an FIR for kidnapping, as submitted by the respondent's counsel.
"Prima facie, it cannot be ruled out that out of emotion, in case a similar incident takes place, it may affect the psychology of the child," the court said.
Counsel Prashant Dewan, appearing for the mother, opposed the plea, alleging that the father had forcibly taken away the child during an earlier court-ordered visitation and returned him only after two days following the registration of a kidnapping FIR.
He submitted that the incident had traumatised the child, who had to be hospitalised, and said the present application was the sixth attempt by the father to seek visitation rights.
The judge said that the paramount consideration in deciding custody matters was the welfare of the child.
The court acknowledged that a child could develop physically, mentally and psychologically in the company of both parents, but said it depended on the facts and circumstances of each case.
The father had sought permission to meet his son for four to five hours on November 16 to celebrate his birthday with him and other family members.
The court noted that an earlier order had granted the father visitation rights on every second Saturday, which were subsequently modified to every third Saturday.
However, following the April 18 incident, the visitation arrangement was withdrawn.
Considering all the facts, the court dismissed the petition.
(This story has not been edited by THE WEEK and is auto-generated from PTI)