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REKHA PALLI
Aakriti Kapoor – Appellant
Versus
Abhinav Agarwal – Respondent
JUDGMENT :
REKHA PALLI, J
1. The present petition under Article 227 of the Constitution of India, preferred by the mother of a five and a half years old girl child, seeks to assail the order dated 27.05.2022 passed by the learned Family Court in MISC No. 29/2020. Vide the impugned order, the learned Family Court, while deferring disposal of the applications filed by both sides seeking modification of visitation rights, has adjourned the matter with a direction to the parties to lead evidence.
2. The brief factual matrix as emerging from the record is that the parties entered into a wedlock on 04.02.2013 as per Hindu rites and ceremonies. Soon after their marriage, disputes arose between them; consequently the petitioner, in a state of pregnancy, moved back to her parental house where she was blessed with a baby girl Anaisha on 09.03.2017. After the birth of the child, even though the petitioner, at the request of the respondent, returned to her matrimonial home, the parties could not resolve their disputes and she on 01.10.2017, once again left for her parental home. The petitioner and the minor child are since then, living at the petitioner’s parental home.
3. As the parties were not
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
Custody of a minor must prioritize the child's welfare, with visitation rights structured to maintain relationships with both parents amidst ongoing parental conflict.
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