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ANUJ CHATURVEDI vs. JYOTI
2019 Latest Caselaw 964 SC

Citation : 2019 Latest Caselaw 964 SC
Judgement Date : Oct/2019

    
Headnote :

According to Section 7 of the Guardian and Wards Act, 1890 - Regarding child custody and visitation rights - The Court chose not to intervene in the decision that awarded custody of the child to the mother. Nevertheless, the Court permitted the petitioner to seek an increase in his visitation rights from the Family Court. It emphasized that the child deserves the love and care of both parents and instructed the Family Court to facilitate visitation rights accordingly.



[Para 2]

 

Before:- Deepak Gupta and Surya Kant, JJ.

Petition(s) for Special Leave to Appeal (C) Nos. 6303 of 2017. D/d. 4.10.2019.

Anuj Chaturvedi - Petitioners

Versus

Jyoti - Respondents

For the Petitioners :- M.M. Singh, Jitendra Kr., Prashant Kr. Singh, Rameshwar Prasad Goyal, Advocates.

For the Respondents :- Ashok K. Singh, Ms. Sonakshi Monga, Sandeep K. Bhardwaj, Ali Safeer Farooqi, Syed Imtiyaz Ali, Arvind Kumar Kanva, Ms. Ankita Balooni, Tanishq Mehta, Aftab Ali Khan, Advocates.

ORDER

We are not inclined to interfere in the order granting custody of the child to the mother. The special leave petition is dismissed accordingly.

2. However, we give liberty to the petitioner to approach the Family Court for enhancement of his visitation rights and we direct the Family Court to ensure that visitation rights are fixed in such a manner that the child gets to know and love his father. A child has a right to the affection of both his parents and the Family Court shall ensure that visitation rights are granted in such a manner. The Family Court may also make suitable arrangements for visitation/interim custody during vacation periods. Obviously the Family Court has to keep the interest of the child at the foremost.

Pending application(s), if any, stands disposed of.

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