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REKHA PALLI
Aakriti Kapoor – Appellant
Versus
Abhinav Agarwal – Respondent
Headnote: Read headnote
JUDGMENT
Rekha Palli, J. 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 09.03.201
Custody of a minor must prioritize the child's welfare, with visitation rights structured to maintain relationships with both parents amidst ongoing parental conflict.
The paramount consideration in custody disputes is the welfare of the child, over parental rights or allegations against a parent.
The welfare of the child is paramount in custody matters, and both parents should have sufficient visitation rights to ensure continued contact with the child.
Custody of child – Court is required to decide issue of visitation on the basis of what is in best interest of child.
Visitation rights are critical for the welfare of children in custody disputes, and courts must uphold these rights unless substantial evidence suggests otherwise.
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