A child has right to affection of both parents, says SC
‘Visitation rights must be granted keeping this in view’
10/10/2019 , Legal Correspondent, , NEW DELHI
The Supreme Court said family courts should grant visitation rights in such a manner that a child is not deprived of the love and care of either parent.
A Bench led by Justice Deepak Gupta said the interest of the child should be kept foremost in custody battles between separated parents. “A child has the right to affection of both his parents,” Justice Gupta noted in a two-page order.
The order is based on a plea by a man for custody of his child, who is with the wife.
The court declined to interfere with the family court’s order granting the custody of the child to the mother.
The Bench, however, gave the man liberty to approach the family court for enhancement of his visitation rights.
“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,” Justice Gupta wrote.
He said the family court should also make suitable arrangements during vacations, keeping the interest of the child foremost.
‘Visitation rights must be granted keeping this in view’
10/10/2019 , Legal Correspondent, , NEW DELHI
The Supreme Court said family courts should grant visitation rights in such a manner that a child is not deprived of the love and care of either parent.
A Bench led by Justice Deepak Gupta said the interest of the child should be kept foremost in custody battles between separated parents. “A child has the right to affection of both his parents,” Justice Gupta noted in a two-page order.
The order is based on a plea by a man for custody of his child, who is with the wife.
The court declined to interfere with the family court’s order granting the custody of the child to the mother.
The Bench, however, gave the man liberty to approach the family court for enhancement of his visitation rights.
“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,” Justice Gupta wrote.
He said the family court should also make suitable arrangements during vacations, keeping the interest of the child foremost.
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