A child must get enough time with his father to be able to know & love him, the Top Court has said while deciding a custody battle involving an estranged couple.
The Apex court maintained that while a mother's love is very important, affection of father can also not be ignored in matters of custody & visitation rights. "A child has the right to the affection of both his parents," held a bench headed by Justice Deepak Gupta while modifying an order of the Allahabad HC.
The HC hadn't only denied the custody of the 5-year-old child to the father, it had also said the father could see his child only 2 days in a month. The HC further noted that "at such tender age, it is always in the interest of the child that he may remain in the custody of the mother”.
The father, a resident of Ghaziabad in UP, moved the Top court in appeal. He emphasised that a father cann't be restricted in such a manner in meeting his child & the visitation rights must be suitably granted.
The Top Court agreed with his view that a child, torn in the middle of his warring parents, shouldn't lose out on love & affection of either of his parents. "We direct the family court to ensure that visitation rights are fixed in such a manner that the child gets to know & love his father," said the court. It added: "A child has a right to the affection of both his parents & the family court shall ensure that visitation rights are granted in such a manner."
The bench further ordered that the Ghaziabad Family Court should also make suitable arrangements for visitation & interim custody of the child with his father during school vacations.
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