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RAVI NATH TILHARI, NYAPATHY VIJAY
Shaik Aslam Latheef – Appellant
Versus
Madanapalli Shafia Mariyam – Respondent
ORDER
Ravi Nath Tilhari, J.—Heard Sri Sivaprasad Reddy Venati, learned counsel for the petitioner and Ms. Ayesha Azma S, learned counsel for the respondent.
2. The petitioner/appellant is the father of the minor ward, aged about 7 years, namely, Ayaan Latheef, and the respondent is the mother of the minor.
3. The petitioner/appellant herein shall be referred as ‘father’ and the respondent as ‘mother’ of the minor ward, hereinafter.
4. G.W.O.P.No.03 of 2020 was filed by the father under Sections 7, 8, 9 and 10 of the Guardian and Wards Act 1890 to declare the petitioner as Guardian to the minor ward being natural guardian (father) and for other reliefs. After contest by the respondent (mother), the petition was dismissed by the Principal District Judge, Ananthapuram on 15.09.2023, recording that there were no sufficient and cogent reason to give the custody of the minor ward to the father.
5. Challenging the Order dated 15.09.2023, CMA No.453 of 2023 has been filed.
6. The petitioner has filed I.A.No.1 of 2023 for direction to grant visiting rights to the petitioner-father to see the minor ward Ayaan Latheef at the house of the respondent or any other place mutually agreed or decide
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.
Custody of child – Court is required to decide issue of visitation on the basis of what is in best interest of child.
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
Visitation rights are critical for the welfare of children in custody disputes, and courts must uphold these rights unless substantial evidence suggests otherwise.
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 – Financial status of either party is not the sole determining factor when considering issue of custody, though it may be relevant – Affection of child cannot be won over by force.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
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