Facts of the are that a lady(appellant) with his minor children left the matrimonial home alleging that his husband had subjected the appellant and the minor children to domestic violence and was in adulterous relationship with a lady, with whom he was having an extra-marital affair openly. The husband filed a writ of Habeas Corpus under Article 226 of the Constitution of India, whereby a Division Bench of Delhi High Court permitted the Husband, access to his minor children aged 10 and 8 respectively from 11.00 a.m. to 4.00 p.m. every Saturday and Sunday, relying on the report of a neutral Counsellor appointed by the Division Bench. The appellant filed a writ petition in Supreme Court against the Order of High Court.
Supreme Court bench comprising of Justice Indira Banerjee and Justice A.S. Bopanna observed that the children were willing to meet their father. Court also held that little children need to be brought up with the love and care of both parents. Even if the parents have been constrained to part, the children cannot be denied of their right of access to both the parents.
Supreme Court said “It is reiterated at the cost of repetition that in matters related to custody and access, the interest of the children is of paramount importance and access to both parents is in the interest of the children”
Supreme Court further stated that father should not insist on strict compliance of the Order of the High Court stating that,
“It hardly needs mention that the arrangement as stipulated in the order impugned may sometimes have to be modified or adjusted and exceptions made, if exigencies so require. For example, if the children or one of them is unwell, or if the children have a programme at school.”
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