Right given to father to meet his child

The Delhi High Court in one of its judgments held that a father has the right to meet the child. The observation came in a case, where the Court was deciding about the custody of a three years old child, whose parents had decided to separate.

FACTS:

The Delhi High Court Lawyer on behalf of the respondent filed the appeal against the judgment of the trial court on the grounds that the respondent has already accepted that the child is his illegitimate child and was born out of matrimonial bond. Hence, the decision of the trial court to allow the respondent to meet the child for 2 hours daily shall be quashed. 

DECISION:

The High Court observed that its an indisputable fact that the respondent is the alleged father of the child, and it’s the right of the child to get love and affection from both the parents, that too a child as young as three years old as was contended by the family lawyer from Delhi representing the appellant. The Court observed that as per the ruling of the Supreme Court in a previous case the right of the child to have affection and care from both parents far exceeds the privilege of the parents regarding the custody of the child.

OTHER SIMILAR CASES:

Here are a few other cases where the Courts have given preference to the welfare of the child while deciding for his/her custody.

• In another case, a Delhi court has decided to grant custody of two children (4 years old and 18 months old) to the father, observing that the behaviour of the mother, while she has a right to enjoy her personal life but not at the cost of the welfare of her children.
• While, in a different case the Delhi High Court has denied the custody of the child to the father, who deserted his wife and 16 years old son, deciding that the welfare of child is with the mother.
• In a case where the father of Kenyan origin filed for overnight custody of the child, whenever he is in India. The court also took into consideration the report of the counsellor that the child was happy with mother but idolises the father. The High Court observed that often in fight for custody, children are used as tools by the parents, hence inflicting psychological abuse on the child.

CONCLUSION:

The Courts as well as the child custody lawyers are of the opinion that although the fight for custody is between the two parties, the most affected from the proceedings are the children. While they are at the stage where they need all the love, care and protection from their loved ones, they have to face the abusive trials of the custody battles. Hence, its of utmost import that the welfare of the child is the highest consideration while deciding such cases. Hence, in some cases fathers are given the legal custody or sometimes visitation rights.Lead India provides with the best legal assistance from the wide pool of experienced lawyers having command over various legal issues including the family law cases. Any advice or query can also be provided through online or on-call means.