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KUNURU LAKSHMAN, P. SREE SUDHA
Mohd. Ahmed Muzaffar – Appellant
Versus
Syeda Zaheerunnisa – Respondent
JUDGMENT :
P. SREE SUDHA, J.
1. This Family Court Appeal is filed against the Order dated 04.08.2011 in O.P. No. 1403 of 2009 passed by the learned Family Court Judge, Hyderabad.
2. One Mohd. Ahmed Muzaffar filed O.P. No. 1403 of 2009, against his wife Syeda Zaheerunnisa @ Darakshaan under Section 25 of Guardians and Wards Act, seeking to permit him to visit and see the minor child namely M.A. Jabbar @ Osma Waleed, who attains the age of seven (7) years. Petitioner himself examined as PW-1 and marked Exs.P.1 to P.3 on his behalf. During the course of trial Respondent set ex-parte. The trial Court after considering the oral and documentary evidence of both side, dismissed the application. Aggrieved by the said Order, petitioner therein preferred the present appeal.
3. The learned Counsel for the appellant/petitioner mainly contended that the settlement deed was not scrutinized in its correct prospective. He further contended that it is a settled law that father is equally entitled to have visitation rights of his minor child. Respondent has not lead any evidence to prove that visitation rights would cause any harm to the minor child, but the trial Court erred in dismissing this applicat
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.
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.
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.
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 welfare of the minor is paramount in determining visitation rights, and modifications must be evidence-based to ensure the child's safety and emotional stability.
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....
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