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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Ayeesurya Mishra – Appellant
Versus
Lohit Kumar Dash – Respondent
| Table of Content |
|---|
| 1. facts of marital separation and visitation rights established. (Para 1 , 2) |
| 2. petitioner's arguments against granting visitation due to husband's neglect. (Para 3) |
| 3. court recognizes father's visitation rights alongside responsibilities. (Para 4) |
| 4. writ petition dismissed; order to be implemented. (Para 5) |
JUDGMENT :
1. This writ petition by Wife-cum-Petitioner under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 09.04.2024 passed by learned Judge, Family Court, Bhubaneswar in CP No. 661 of 2021 granting visitation right to the Father-cum-OP to see and talk with his son.
3. In the course of hearing, Mr. Pradipta Kumar Singh, learned counsel for the Petitioner, however, vehemently and vociferously attacks the impugned order by submitting inter-alia that not only the OP- husband has neglected to maintain his wife and son, but also has not shouldered their responsibility and, thereby, granting visitation and talking right to the OP- husband would not be in the interest of justice, rather it would be counterproductive. It is further submitted by Mr. Singh that not a single pie has been spent by OP- husband for the welfare of the child, b
Visitation rights are essential parental rights that coexist with the duty to support children; denying them based on financial neglect alone is not justified.
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.
Custody of child – Visitation right of child is considered on a different pedestal of welfare of child – Visitation right cannot be denied to father on the ground that he has not paid maintenance amo....
Visitation rights are essential for a child's emotional development, and denial requires substantial evidence of potential harm.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
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.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
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