Child should get love of both parents and courts should ensure that: SC
TIMES NEWS NETWORK
New Delhi:20.10.2019
The Supreme Court has said a child should not be deprived of the affection of either of the parents who are fighting a legal battle for custody and family courts should grant visitation rights in such a manner that the child gets love of both.
A bench of Justices Deepak Gupta and Suyra Kant, while deciding the plea of a man seeking visitation rights to his child whose custody was given to his wife, said courts should keep the interest of the child “at the foremost” while deciding such issues and passed the order in favour of the petitioner.
“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... The family court may also make suitable arrangements for visitation/interim custody during vacation periods,” the bench said.
The court passed the observation days after another bench agreed to hear a plea for adopting joint parenting system under which a child will be looked after by both the parents after divorce instead of giving custody to one of them.
The apex court had issued notice to the Centre on a petition filed by an NGO ‘Save Child India Foundation’ which contended that a child suffers the most in a matrimonial dispute and mechanism should be put in place on how to deal with such cases.
CUSTODY BATTLE
TIMES NEWS NETWORK
New Delhi:20.10.2019
The Supreme Court has said a child should not be deprived of the affection of either of the parents who are fighting a legal battle for custody and family courts should grant visitation rights in such a manner that the child gets love of both.
A bench of Justices Deepak Gupta and Suyra Kant, while deciding the plea of a man seeking visitation rights to his child whose custody was given to his wife, said courts should keep the interest of the child “at the foremost” while deciding such issues and passed the order in favour of the petitioner.
“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... The family court may also make suitable arrangements for visitation/interim custody during vacation periods,” the bench said.
The court passed the observation days after another bench agreed to hear a plea for adopting joint parenting system under which a child will be looked after by both the parents after divorce instead of giving custody to one of them.
The apex court had issued notice to the Centre on a petition filed by an NGO ‘Save Child India Foundation’ which contended that a child suffers the most in a matrimonial dispute and mechanism should be put in place on how to deal with such cases.
CUSTODY BATTLE
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