G. SATAPATHY
Manjusha Singhania – Appellant
Versus
Nimish Singhania – Respondent
JUDGMENT
G. Satapathy, J.—The Petitioner-wife has invoked the extraordinary writ jurisdiction of this Court under Articles 226 & 227 of the Constitution of India by praying to quash the order dated 23.11.2019 passed under Annexure-8 by which the learned Senior Civil Judge, Talcher has allowed the I.A. No.123 of 2017 arising out of MAT No.19 of 2016 granting visitation right to the Opposite Party-father.
2. By the impugned order, the learned trial court has observed inter-alia the following:-
“The father is entitled to visitation right to his son once in a fortnight preferably on a holiday as per the date, time, place fixed by the respondent-O.P. under intimation to this Court. So also the father shall have assessed to the child on his birth day, on the special festive occasion also.”
3. Heard, Mr. Bibekananda Bhuyan, learned Senior counsel who is assisted by Ms. Sujata Sahoo, learned counsel for the Petitioner and Mr. Lalit Kumar Moharana, learned counsel for the OP in the matter and perused the record.
4. The relationship between the Parties is never in dispute, but the Petitioner-wife challenges the impugned order granting visitation right of the son to the father-cum-OP on the
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....
The welfare of the child is paramount in custody and visitation matters, and both parents have a right to access the child.
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.
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....
Custody of child – Interest of minor child is paramount – In the process of adjudicating upon rights of parents, her health cannot be compromised.
In custody disputes, the child's welfare is paramount; visitation rights from a court cannot be altered without appropriate proceedings, and allegations must be substantiated.
In custody disputes, the welfare of the child is the paramount consideration, overriding the statutory rights of parents.
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 essential for a child's emotional development, and denial requires substantial evidence of potential harm.
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