Delhi HC: Physical Visitation Of Child Not Allowed Unless Parent Is Fully Vaccinated

WHAT WAS THE MATTER

• The case of Vishal Verma v. Twinkle Vinayak, is a case being heard by the Delhi HC related to the order of a family court in a dispute between an estranged couple.
• The case is an appeal brought to the HC by the wife against the order of the family court allowing the husband to have custody of their child for 40 minutes per day.
• While the custody was reduced to virtual meetings in the pandemic, the husband made an application seeking the permission of the court to allow a physical meeting with his son for a day for the event of Janmashtami.

WHAT THE COURT OBSERVED

• Initially, the Court was also inclined to allow the physical visit, but upon later inquiry, it was found that the father was vaccinated with only one dose of COVID-19 vaccine.
• Due to this, the Court declined the request, considering the spread of the virus which could take place during a meeting, as a result of the father being not fully vaccinated.
• While this was contested by the father, stating that vaccination does not guarantee a curb in the spread of the virus, the Court was firm in its opinion that they were bound to enforce the COVID vaccination protocol being followed by the country.
• Therefore, the Court observed that it could not pass an order to allow the physical meeting of the father with his son as the father was not fully vaccinated.

WHAT DO YOU THINK OF THE CASE?