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LALITHA KANNEGANTI
Sayan Mukherjee, S/o. Asish Kuamr Mukhopadhyay – Appellant
Versus
Nabamita Mukherjee, W/o. Sri Sayan Mukherjee – Respondent
ORDER :
(Lalitha Kanneganti, J.) :
The present writ petition is filed aggrieved by the orders passed in I.A.No.2 & 3 in G&WC No.21/2023 dated 22.03.2024 by the IV Addl. Senior Civil Judge, Bengaluru Rural District.
2. The said G&WC is filed by the father for the custody of the child, in that he has filed I.A.No.2 and 3. I.A.No.2 is filed restraining the mother from taking the minor child out of Bangalore. I.A.No.3 is filed seeking visitation rights. Initially the wife had filed a memo stating that she has no objection and will not take the child out of the jurisdiction of the court till the injunction petition is decided i.e., I.A.No.2. Thereafter by order impugned the court had dismissed the I.A filed by the husband seeking injunction and the court has observed that there is no provision under the act to pass such an order. Then as far as I.A.No.3 is concerned, father was granted visitation on every Sunday from 8.00 am. to 10.00 p.m. depending upon the convenience, he is entitled to the interim custody on public holiday.
3. When the matter came up on 18.07.2024, this court had passed an order which reads as follows:
The court established that child welfare is the primary consideration in custody disputes, advocating for amicable resolutions over contentious litigation.
The court determined that emotional well-being of the child is central in custody disputes and mandated counseling alongside modified visitation rights.
Custody decisions are centered on the welfare of the children, prioritizing safety and stability, and considering the ambiguous conduct of the mother.
Custody of child – Court is required to decide issue of visitation on the basis of what is in best interest of child.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
The paramount consideration of the welfare and interests of the child in custody matters, the importance of following prescribed procedures for recording settlements and issuing decrees, and the avai....
Visitation rights are critical for the welfare of children in custody disputes, and courts must uphold these rights unless substantial evidence suggests otherwise.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
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