A. S. BOPANNA, MANOJ MISRA
Adarsh C. B. – Appellant
Versus
Aswathy Sidharthan – Respondent
| Table of Content |
|---|
| 1. visitation rights granted by family court. (Para 1) |
| 2. child’s welfare is a primary concern. (Para 2) |
| 3. altered visitation arrangement for child. (Para 3) |
| 4. next court date set for review. (Para 4) |
ORDER :
1. The Family Court, through its order dated 10.11.2023, had granted the visitation rights of the child to the petitioner-father herein between 11:00 a.m. to 04:00 p.m. on Sundays in court premises. The High Court, did not however, interfere with the said order. It is in that light, the petitioner-father is before this Court.
2. In a matter of the present nature, it is needless to mention, as rightly observed by the High Court, the welfare of the child is also to be kept in view by the Court. However, at this stage we find that the repeated visitation rights in the Court premises, would also not be in the interest of the child as the environment during which the visitation rights are exercised, would also matter.
3. Therefore, at this stage, we see no reason to dispose of the instant petition but we direct that the visitation rights, as granted by the Family Court, shall stand altered for the present whereby the interim custody of the child shall be made over to the
The Supreme Court ruled that the welfare of the child necessitates visitation rights in a suitable environment rather than a court setting.
The welfare of the child is paramount in custody disputes, necessitating a balance between parental rights and the child's safety during visitation.
The welfare of the child is paramount in custody and visitation decisions, and the court may modify visitation rights based on the child's comfort and the totality of circumstances.
Custody arrangements can be modified via mutual consent to enhance visitation rights of a parent.
The court highlights a child's constitutional right to maintain relationships with both parents and the necessity for visitation arrangements to facilitate bonding.
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