11:00 – 19:00Parents are the ultimate role models for children. Key to a child’s success is the positive involvement of the parents. But when parents are at loggerheads it’s the children who suffer the most.
It is critical to maintain boundaries between adult problems and children so that the children’s innocence is protected. Unfortunately, they sometimes are dragged to the court to answer the most difficult question… Who do you want to choose… Daddy or Mummy… when the judge deciding the custodianship of the child poses this question which not only confuses the child haunts the child for a life time.
It’s a misnomer that the mother always gets the custody of the child and father the visitation rights. Though 95% at times this is true in case the child is less than 5 years old.
But, it’s a well settled principal that, while taking a decision regarding custody “Welfare of The Child Is of Paramount Consideration” Such was held in the matter of “Sheoli Hati v. Somnath Das” and also in “Saraswatibai Shripad Vad v. Shripad Vasanji Vad”
In India, if mother agrees to give up the custody of the child, the father shall be granted custody.
But, when the dispute gets dirty and vengeance blinds the welfare of the child and in the battle between parents who tend to satisfy their ego and settle scores, the child often becomes a scapegoat who is denied the love and affection., Especially from its father and paternal grandparents in most of the cases.
With about two decades of my practice in the family matters, I bring this compilation of 10 landmark judgements that swayed the custody and visitation rights to the father keeping in mind the welfare of child as a paramount consideration.
⦁ Yashita Sahu vs State of Rajasthan
⦁ Amyra Dwivedi vs Abhinav Dwivedi and Anr.
⦁ Gayatri Bajaj vs Jiten Bhalla
⦁ Gaurav Nagpal vs Sumedha Nagpal
⦁ Motira Ganguli vs Jayant Ganguli
⦁ Hoshiam Shavaksha Dolikuka vs Thirty Hoshie Dolikuka
⦁ Soumitra Kumar Nahar vs Parul Nahar
⦁ Kumar V Jahgirdar vs Chethana Ramatheertha
⦁ Mohan Kumar Rayana vs Komal Mohan Rayana
⦁ Jyoti Priya vs Paul Goodwin
The Following principles are laid down by the Apex Court in the matter of “Jyoti Priya vs Paul Goodwin” relaying on the above matters summarized as follows :
“ …. The Following Legal Principles have been enunciated in various cases before the Apex Court and the other high courts and shall serve as guidelines for interim custody orders by the Family Courts:
⦁ The Separation of Minor from the parent during the pendency of the case is detrimental to the welfare of the child.
⦁ Notwithstanding allegations made by either party, interim custody applications must be decided on sole basis of the welfare of the child
⦁ There exists no indefeasible right to deny custody of either parent of the minor.
⦁ Whenever such interim custody applications are filed, the respective family courts must dispose of such cases within a reasonable time period not more than thirty days”
With the above landmark judgments, its is very clear that a child has a right to the affection of both his parents and the family court shall ensure that custody and visitation rights are granted in such a manner.
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