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granted only visitation rights on the third Saturday of each month. The
meeting has been directed to take place in the family court complex. Two
hours is the visitation period.
7. The impugned order records meetings held by the learned Judge with
the child. It is recorded that the child does not desire to meet the father.
8. Now, what baffles this Court is the fact that for three years,
commencing from February, 2010 till June 11, 2013, the female child lived
happily with the father. The mother had liberal visitation rights and even
interim custody during vacation period. It is not the case of the mother that
during this period of three years the child ever complained anything to her
concerning her fathers behaviour. Surprisingly within six months of the
custody being with the mother, the attitude of the child turned not only cold
but positively hostile towards the father.
9. Regretfully, the learned Judge Family Court has not pondered to find
the reason for this sudden behavioural change in the child. Has the mother
poisoned the mind of the child? An attempt ought to have been made to
unravel the truth.
10. The approach in law being, as far as possible, to ensure the child
meeting both parents and spending quality time with both, instant case
warranted the learned Judge Family Court to direct the parents to access a
child counsellor and seek a report from the child counsellor. Help of a
trained person who understands the behaviour of a child and the personality
of a child was warranted in the instant case. Besides, two counsellors being
attached with each family court in Delhi, the learned Judge ought to have
taken the help of the counsellors as well. Directions should have been
issued to the child to interact with the counsellors and the opinion of the
(YOGESH KHANNA)
JUDGE
FEBRUARY 14, 2017/mamta