Matrimonial disputes between parents should not be an impediment to a child’s right to have company of both parents – Interest of the minor child is paramount:
Held: The matrimonial disputes and grave allegations between parents should not be an impediment to a child’s right to have care, company, and affection of both the parents – Though the child was in the care of the father for only 2 months after his birth, it would not compromise the right of the father to visit and enjoy the company of the child – The interest of the minor child is paramount – While the father has the right to visit the child, it cannot be at the cost of the child’s health and well-being. [Paras 14, 15] Directions issued by High Court modified to the extent of place of visitation:
Held: In this case, the High Court had directed the mother to travel with the child from Madurai to Karur, which was about 150 kms away on every Sunday – Considering the interest of the child as the paramount consideration, the Hon’ble Supreme Court directed the father to travel to Madurai on every Sunday, and visit the child. [Paras 16, 17]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Vidhi Thaker, Hony. Associate Editor (Verified by: Liz Mathew, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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