READ ORDER | Supreme Court Appoints Para-Judicial Volunteer in Custody Case – Voice for Men
The Supreme Court in its decision dated March 18, 2024 appointed a para-legal volunteer to facilitate contact between the non-custodial parent (mother) and the child who lived with the father.
In this case, the mother had sued the father because he had used diversionary tactics to prevent her and her minor child from meeting.
READ VERDICT | The welfare of the child cannot rest solely on the love and care of the mother: Bombay HC grants custody to the father
Case:
The parties are in the middle of their marital dispute over custody of their minor son Father.
In the last court hearing the father was ordered to drop off the son every weekend, that is, every Saturday and Sunday between 4 p.m. and 6 p.m., at the defendant wife's place of residence, that is, at the plaintiff husband's ancestral home. However, the wife's lawyer informed the Supreme Court that the custodial parent “created all kinds of obstacles to the access of the minor child to the defendant wife”.
The woman also claimed that the father insisted that the child meet the mother on the porch instead of going into the house, and the child was warned not to eat anything in the presence of the wife being interviewed.
The defendant wife claimed that the child was not brought to her February 18, 2024 according to court order.
The advice for the husband controversial all of the above allegations.
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Supreme Court
The Supreme Court judges included Justice Hima Kohli and Justice Ahsanuddin Amanullah directed the Secretary, District Legal Services Authority (DLSA) to appoint a para-legal volunteer to pick up and drop the child from/to the residence of the plaintiff/husband. The Supreme Court ordered:
A paralegal volunteer picks up and takes the child from/to the residence of the plaintiff/husband every weekend (i.e. Saturday and Sunday) at 3:00 p.m., takes the child to the residence of the defendant wife at 4:00 p.m. and picks up the child Must be returned to drop off at 6:00 p.m him back to the plaintiff's husband's apartment.
In addition to the actual transportation cost, the plaintiff's husband has to pay an amount of ₹1,000 (one thousand rupees) per visit to the para-legal volunteer.
The matter was listed May 3, 2024 and in the meantime the parties were directed to negotiate a settlement.
READ VERDICT | Temporary maintenance, custody; Delhi HC sets time frame for resolution of matrimonial matters
VOICE FOR MEN INDIA NOTE:
- Voice For Men India advocates Shared education from both sides and does not promote parental alienation by either parent
- While here it is the father who is restricting contact between the mother and son, this arrangement could also be used by other men who find themselves in a similar situation – if the mothers/wives control the meeting between the non-custodial fathers and theirs Do not allow children
READ ORDER: Karnataka High Court directs employer to withhold wife's salary till she hands over custody of daughter to father
Who are Para-Legal Volunteers?
During the year 2009 The National Legal Services Authority (NALSA) has issued a to plan called Para-Legal Volunteer Program The aim was to impart legal training to volunteers selected from different walks of life to ensure that legal assistance reaches all sections of the population through the process of Para-Legal Volunteers Scheme. Ultimately, barriers to access to justice will be removed.
The Para-Legal Volunteers (PLVs) are expected to act as intermediaries and bridge the gap between ordinary people and legal service institutions to remove barriers to access to justice. Ultimately, the process aims at legal service institutions reaching out to people at their doorsteps, not people reaching out to such legal service institutions.
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READ ORDER | Supreme Court appoints paralegals in custody case
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