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SAUMITRA DAYAL SINGH, DONADI RAMESH
Priyanka Agarwal – Appellant
Versus
Abhishek Agarwal – Respondent
JUDGMENT
Heard Sri Diwakar Tiwari, learned counsel for the appellant and perused the record.
2. Present appeal has been filed against the order dated 27.05.2024 passed by the learned Additional Principal Judge, Family Court, Court No. 2, Aligarh in Case No. 200 of 2023 (Abhishek Agarwal Vs. Priyanka Agarwal). By that order, pending the custody matter the learned court below has provided for visitation rights to the respondent to meet his child on one Sunday in a month that too for three hours at a public place.
3. Submission of learned counsel for the appellant that the said order is without jurisdiction is noted to be rejected. The child’s natural right to know and meet his parents is near perfect. To the extent the visitation right granted by the learned court below does not alter the status of the custody of the child and to the extent it is seen to be in the best interest of the child to continue to meet and know his father through limited interactions pending the custody matter, no interference is warranted in the present appeal.
4. All objections being raised by the appellant may remain to be examined and tested at the stage of final hearing of the proceeding.
5. Accordingly,
Custody of child – Child’s natural right to know and meet his parents is near perfect.
The welfare of the child is paramount in custody and visitation decisions, and the court may modify visitation rights based on the child's comfort and the totality of circumstances.
Judicial affirmance of child visitation rights hinges on welfare principles and compliance requirements.
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.
Minor child does not have coping skills or intellectual ability to understand issues between adult relationship or parents unhappiness.
While considering custody/interim custody of minor child welfare of minor child is paramount.
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