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VIKRAM NATH, PRASANNA B. VARALE
Ruhi Agrawal – Appellant
Versus
Nimish S. Agrawal – Respondent
ORDER :
1. This petition arises from an order of the Chhattisgarh High Court, dated, 11.05.2022, granting certain, specified visitation rights to the respondent-father in his appeal against dismissal of his petition seeking custody of the child before the Family Court, Durg.
2. Petitioner no. 1 and respondent were married on 16.01.2007 and out of this wedlock, petitioner no. 2-daughter was born on 12.01.2012. The primary subject of contention is the custody and welfare of their minor child, aged about thirteen years. During the separation between the parties since 2016, the child has resided with the petitioner no. 1, who has been the primary caregiver and custodian. The petitioner no. 1 claims to have provided a stable, nurturing environment conducive to the child’s emotional, educational, and overall well-being. On the other hand, the respondent has consistently maintained that he has the intention and willingness to actively contributed to the child’s upbringing and seeks a greater role in shaping the child’s life.
3. The Family Court granted sole custody of the child to petitioner no. 1 and the respondent was awarded limited visitation rights-restricted to one and a half hours on
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 minor is paramount in determining visitation rights, and modifications must be evidence-based to ensure the child's safety and emotional stability.
The Supreme Court ruled that the welfare of the child necessitates visitation rights in a suitable environment rather than a court setting.
Custody of child – Interest of minor child is paramount – In the process of adjudicating upon rights of parents, her health cannot be compromised.
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 orders are interim and must adapt to the evolving interests of the child, emphasizing the paramount importance of the child's welfare in family law matters.
(1) Right of appeal comes with a limitation except with interlocutory order.(2) Interest of child is best served by ensuring that parents should have a footprint in upbringing of child.
While deciding matters of custody of a child, primary and paramount consideration is welfare of child.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
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