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IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Sanjay Sharma – Appellant
Versus
Dolly @ Sakhi Sharma – Respondent
| Table of Content |
|---|
| 1. background of custody dispute and prior court decisions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding visitation rights and custody arrangement. (Para 6 , 7 , 8 , 9 , 10) |
| 3. court's observations on the father's visitation rights and child's welfare. (Para 11 , 12 , 13 , 14 , 15) |
| 4. ratio decidendi on children's visitation rights and importance of both parents. (Para 16 , 17 , 18) |
| 5. court's conclusion and order to remand case for further proceedings. (Para 19 , 20) |
JUDGMENT :
S.K. Mishra, J.
The writ petition has been preferred assailing the order dated 24.03.2025 passed by the learned Judge, Family Court, Cuttack in I.A. No. 117 of 2024 (arising out of C.P. No.543 of 2024), vide which the Petitioner's prayer for visitation right with his minor son, namely, Shivay Sharma, who is aged about 7 years, stood rejected.
2. The undisputed background of the present lis is that the Petitioner and the Opposite Party No. 1, Dolly @ Sakhi Sharma, got married on 09.07.2011, lived together for around five years, and then separated due to temperamental differences. The Opposite Party No.1 instituted MAT Case No.94 of 2023 under section 13(1)(i- a)&(i-b) of the HINDU MARRIAGE ACT ,
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 – Court is required to decide issue of visitation on the basis of what is in best interest of 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.
The court emphasized that visitation rights for non-custodial parents are essential for the child's welfare, ensuring they maintain contact with both parents.
Minor child needs love, affection, company and protection of both parents, which is his basic human right.
The welfare of the child is paramount, requiring both parents to foster a loving relationship and avoid parental alienation.
Maintenance case - Visiting right - Terms and conditions to exercise visitation rights contained in clause 9 can be varied, altered and modified, but frequency of visitation cannot be less than four ....
Custody of child – Grant of custodial visitation right to father- Mother of child (custodial parent) shall not conceal the whereabouts of the child from father.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
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