Srinagar: The J&K High Court has directed Member Secretary, Legal Services Authority, to ensure that parents are able to interact with their children in domestic abuse cases through video if physical visits are not possible due to the coronavirus situation.
The direction was passed after Amicus Curiae in the matter, Monika Kohli, drew attention of the court towards Supreme Court directions passed in the case Tanuj Dhawan vs Court on its own motion dated April 30, 2020, wherein the apex court noted that authorities must ensure visitation of children with their parents.
The Supreme Court in the said case had recorded, “The grievance of the petitioner is that because of lockdown, the children are unable to interact with their parents even though they have visitation rights for the purpose. If they have visitation rights, we suggest that electronic contacts instead of physical visits can be substituted in these times.”
J&K Chief Justice Gita Mittal and Justice Rajnesh Oswal after hearing Kohli directed the Member Secretary of the Jammu and Kashmir State Legal Services Authority to place a report as to whether the arrangements directed in Tanuj Dhawan vs. Court by the Supreme Court of India are being applied by the courts in Jammu and Kashmir.
“This exercise may require ascertaining the details of the cases where orders for visitation have been passed,” the court said.
The court noted that compliance of directions with regard to the child visitation shall be ensured in the manner as observed by the Supreme Court.
The court also noted that Secretaries of District Legal Services Authorities and paralegal volunteers may be utilised to facilitate the above compliances.
Meantime, the High Court directed all Trial Courts to ensure that they evolve appropriate mechanisms so that payment of maintenance (after divorce) is complied with despite lockdown.
“It shall be open for the Trial Courts to use any mode of communication including Mobile Phones, emails, landline phones and e-modes of payment to ensure that the dependents in whose favour maintenance orders have been passed actually receive the maintenance,” the court said.

NUSRAT SIDIQ