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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, DHARMESH SHARMA
Vishal Verma – Appellant
Versus
State Govt. of NCT Of Delhi – Respondent
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition under Article 226 of the Constitution of India was filed seeking writ in the nature of habeas corpus directing the production of Petitioner’s minor son. The matter was first listed on 11th September, 2024. Thereafter, several detailed orders were passed by this Court taking into consideration details of all the pending cases between the Petitioner (father of the child) and Respondent No. 2 (mother of the child). Subsequently, the writ petition was disposed of vide a detailed judgement dated 11th December, 2024 in the following terms:
“DIRECTIONS
21. Accordingly, upon considering all the above- mentioned facts, mediation report and conduct of the parties the following directions are passed:
Arrangement with respect to Petitioner-Father’s visitation I. As an interim arrangement, let the child visit the Petitioner-Father twice a month from Friday evening, after school, till Saturday evening at 05:00 pm. The Petitioner-Father is free to pick up the child from the school on Friday after school and drop him back at Respondent No.2-Mother’s place of residence on Saturday by 05:00 pm. It i
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.
A natural parent has a right to visitation with their child unless serious allegations against them are substantiated, prioritizing the child's welfare and emotional bonding.
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.
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 in custody and visitation rights, necessitating a balanced, shared parenting approach tailored to specific circumstances.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
Custody decisions are centered on the welfare of the children, prioritizing safety and stability, and considering the ambiguous conduct of the mother.
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