While considering a Special leave petition filed by a father, the Supreme Court observed that a child has a right to the affection of both his parents.
The top court directed the Family Court to "Ensure that visitation rights are fixed in such a manner that the child gets to know and love his father."
However, the bench of Justices Deepak Gupta & Surya Kant refused to interfere with the family court order granting custody of the child to the mother.
In this case, the family court had granted custody of the child to mother and allowed the father to visit his son on 2 days in a month.
While upholding this order, the Allahabad HC stated that the child is aged about 4-5 years and at such tender age it is always in the interest of the child that he may remain in the custody of the mother.
The bench granted liberty to the father to approach the Family Court for enhancement of the visitation rights saying that,
“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.”
Read the Order:
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