The welfare of the child is paramount in custody and visitation rights matters, and the court has the authority to modify orders based on changes in circumstances.

Pradeep Nandrajog, J.

1. We had heard the parties at length on August 17, 2016 and had indicated that judgment would be pronounced today. The reason was the desire of the Court to go through the pleadings and the voluminous record in the appeal which spans 569 pages. We did so for the reason the parties had argued the appeal themselves.

2. The voluminous record is replete with applications which are verbose and were disposed of on August 17, 2016. They are full of allegations and counter allegations against each other. Said pleadings are irrelevant to decide the issue which arises in the appeal.

3. The wife is aggrieved by the impugned order dated August 07, 2014 refusing to modify the visitation rights granted to the respondent to enable him to meet the son and the daughter of the parties who are now aged 16 years and 15 years respectively. The reason given by the learned Judge Family Court is that the Court is not competent to modify the order passed by the learned Predecessor Court.

4. The reasoning is ex-facie incorrect for the reason any change in circumstance would empower a Court to modify a previous order passed concerning visitation rights.

5. The appellant and the respondent are having a very bitter relationship evidenced by the fact that the two are involved in multifarious litigations.

6. Way back in the year 2009 the respondent filed a petition under Section 25 of the Guardians and Wards Act seeking custody of the children : a boy and a girl born to the appellant and the respondent. An interim order was passed on April 05, 2010 granting visitation rights to the respondent directing that the respondent shall pay the school fee of the children apart from the maintenance which was granted to the appellant. The application seeking review of the order dated April 05, 2010 filed by the respondent was dismissed on July 27, 2010. Suffice it to highlight that seeking review the respondent wanted to wriggle out of the condition imposed that apart from he paying maintenance to his wife he would pay the school fee of the two children.

7. The guardianship petition filed by the respondent was disposed of on September 27, 2012 declining prayer made by the respondent. However, visitation rights already ordered were embodied in the final order dated September 27, 2012.

8. One would have hoped and expected that there would be a quietus to one aspect of the litigation between the couple : custody rights and visitation rights. But it was not so.

9. The appellant filed a miscellaneous application bringing to the notice of the learned Judge Family Court that the respondent was not contributing a penny towards the education of the children. It was pointed out that the respondent is also not paying the maintenance. It was pointed out that the children show reluctance to meet their father.

10. The respondent denied not paying the maintenance. He also pointed out that the appellant has initiated proceedings under the Criminal Procedure Code in which after disclosing the maintenance already awarded to her she is praying for an enhancement, a pleading which is wholly irrelevant to decide the miscellaneous application filed by the appellant.

11. The learned Judge Family Court has dismissed the miscellaneous application filed by the appellant on the reasoning that the maintenance directed to be paid by the respondent to the appellant is being paid and that the learned Judge is not competent to modify the order passed by the previous Presiding Judge of the Family Court.

12. At the hearing held on August 17, 2016 the respondent admitted before us he not paying the school fee of the children and gave the justification that his health has deteriorated. His wife and children have abandoned him. He has to employ domestic help to sweep and clean his house. He eats his meals in a restaurant and thus has less money.

13. We had reasoned with the respondent that he has to take proactive steps to earn the love and affection of his children and one method wou