1. In Deepti Bhandari V/s Nitin Bhandari while deciding special leave petition and transfer petition hon’ble supreme court has considered the cases filed against the respondent and by the respondent against the petitioner u/s 498 – a and 406 of the IPC and Protection of women Domestic violence act u/s 12 of the act and the application filed by the respondent for visitation right by which the petitioner was directed to arrange meeting of the respondent with minor daughter . In the said judgement the Hon’ble Supreme court has not made any observation that the respondent who was the father of the daughter has no right to file the application for visitation under the provisions of the act .But has upheld the order of granting the application filed by the father for visitation right of the father with his daughter and giving direction to the mother for making arrangements under the provisions of the act . So considering the case and provisions of section 21 of the act the application filed by the respondent is tenable under the provisions of section 21 of the act .
In Mrs Mary Cedric Pinto v/s Cedric Francis Pinto while deciding the application made by the petitioner under section 12 of the Protection of women domestic violence act 2005 .The Hon’ble judge has stated that it is a well settled law that while deciding an application for custody of minor children , the only paramount consideration is welfare of minor children , and the only paramount consideration is welfare of minor children and the legal rights of the parties or the parents are not relevant . And an order has been passed that at weekends the minor children will stay with the respondent . The above superseeds Mr Chandshekar's point of maintainability of an application filed by a male respondent for visitation u/s 21 of the DV act :-) . I wish for a debate from Mr chander shekar on the question of Maintainability .
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