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Child Must Get Father's Love Too, Says SC on Custody Battle Between Estranged Couple

The top court maintained that while a mother's love is very important, affection of father can also not be ignored in matters of custody and visitation rights.

Utkarsh Anand | CNN-News18

Updated:October 12, 2019, 9:09 AM IST
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Child Must Get Father's Love Too, Says SC on Custody Battle Between Estranged Couple
Image for representation.

New Delhi: A child must get enough time with his father to be able to know and love him, the Supreme Court has said while deciding a custody battle involving an estranged couple.

The top court maintained that while a mother's love is very important, affection of father can also not be ignored in matters of custody and visitation rights. "A child has the right to the affection of both his parents," held a bench headed by Justice Deepak Gupta while modifying an order of the Allahabad High Court.

The high court had not only denied the custody of the five-year-old child to the father, it had also said the father could see his child only two days in a month. The high court further noted that "at such tender age, it is always in the interest of the child that he may remain in the custody of the mother”.

The father, a resident of Ghaziabad in Uttar Pradesh, moved the apex court in appeal. He emphasised that a father cannot be restricted in such a manner in meeting his child and the visitation rights must be suitably granted.

The Supreme Court agreed with his view that a child, torn in the middle of his warring parents, should not lose out on love and affection of either of his parents. "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," said the court. It added: "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."

The bench further ordered that the Ghaziabad Family Court should also make suitable arrangements for visitation and interim custody of the child with his father during school vacations.

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