ANIL K. NARENDRAN, P. G. AJITHKUMAR
Vishnu P. Naick, S/o. Pandurenga Naick – Appellant
Versus
Nayana, D/o. Sivaraj P. – Respondent
JUDGMENT :
P.G.Ajithkumar, J.
Considering the nature of the dispute involved, we direct to mask the names of the parties and the child.
2. The petitioner is the father of a child aged 7 years. The respondent is the mother. The petitioner challenges Ext.P11 order dated 05.09.2022 of the Family Court, Mavelikkara. As per the said order, I.A.No.3 of 2022 filed by the petitioner in O.P.(G&W) No.674 of 2022 for getting interim custody of the child was dismissed. The petitioner was, however, allowed to interact with the child between 11.00 am and 12.00 noon on the fourth Saturday of every month in the premises of the court and in the presence of staff on duty in the court.
3. On 27.09.2022, notice on admission was directed to be served on the respondent. The respondent entered appearance and filed a counter affidavit. The petitioner filed a reply affidavit and in answer to that the respondent filed an additional counter affidavit.
4. On 21.10.2022, this Court directed the parties along with the child to be present in court on 28.10.2022. In terms of the said order, they had appeared. When we interacted with the parents as well as the paternal grandparents, we noticed that expert counselling i
Rohith Thammana Gowda v. State of Karnataka & others AIR 2022 SC 3511
Rosy Jacob v. Jacob A. Chakramakkal (1973) 1 SCC 840
Vasudha Sethi and others v. Kiran V. Bhaskar and another AIR 2022 SC 476
A child has a human right to have the love and affection of both parents and courts must pass orders ensuring that the child is not totally deprived of the love, affection and company of one of her/h....
While deciding matters of custody of a child, primary and paramount consideration is welfare of child.
In custody disputes, the child's welfare is paramount, necessitating active involvement and contact with both parents to ensure emotional and psychological stability.
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.
Visitation rights must prioritize the welfare of minor children, even if it contradicts their expressed wishes, recognizing the importance of maintaining relationships with both parents post-separati....
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
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