The welfare of the child is the paramount consideration in custody and visitation disputes. Courts must facilitate meaningful contact with both parents to ensure the child’s healthy emotional development, treating the child's right to parental affection as independent of ongoing matrimonial or financial conflicts between the parents.

ORAL JUDGMENT

(PER : HONOURABLE MS. JUSTICE NISHA M. THAKORE)

1. The present appeal is filed by the father invoking provisions of Section 19 of the Family Courts Act, 1984 being aggrieved and dissatisfied with the order below Exh.5 dated 19th December, 2024 passed by the learned Addl. Sessions Judge, Valsad in Civil Misc. Application no.9 of 2024. By the said order, the learned Judge has dismissed the application preferred by the appellant - father, under Section 24 of Guardians and Wards Act praying for interim custody and visitation right of his son, ‘Rudra’, aged 9 years.

2. The brief facts of the case as can be gathered from the record are as under:

2.1 The appellant - husband and respondent - wife had entered into love marriage as per Hindu rites and customs at Surat on 29th November, 2012. Since, they belonged to different communities, initially they had not disclosed their marriage to their respective families. On 29th May, 2013 the respondent - wife was forced to leave her parents' home at Valsad. She had therefore joined the appellant to perform her marital obligations with the appellant. Subsequently, the parents have accepted their relationship and on 6th June, 2013 they have again performed right and rituals of marriage as per Hindu rites and customs in presence of parents.

2.2 During their wedlock they were blessed with son, ‘Rudra’ on 3rd August, 2014. Since, the respondent - wife was attending her job at Dharampur, Valsad, she used to travel between Surat and Valsad and occasionally used to stay back during weekends at her parents' home at Valsad. The child was admitted in school, Vanita Vishram Sankul, Surat on 3rd of September 2016. With growing marital obligations and at the same time attending work at Dharampur, Valsad, the wife was unable to meet with the daily chores and therefore had expressed her unwillingness to continue with up-down between Surat and Valsad which led to discord between husband and wife.

2.3 On 1st June, 2021 the applicant with intention to resolve the issues, shifted to Valsad in a rented premises and started up-down from Valsad to Surat to attend his job. However, due to differences in the living conditions, the wear and tear in their marital life continued. In order to resolve the dispute, family meeting was called on 31st July, 2022. However, the attempt failed.

2.4 The appellant had preferred application under Section 9 of the Hindu Marriage Act, 1956 before the learned Family Court at Surat on 15th October, 2022 praying for restitution of conjugal rights which was registered as Hindu Marriage Petition no.1153 of 2022.

2.5 On the other hand the wife preferred application under Section 125 of the Code of Criminal Procedure, 1908 praying for maintenance for her as well as of their child. Pending consideration of the aforesaid proceedings, despite attempts being made by the appellant, the appellant - father was unable to meet his son and therefore on 27th February, 2024 preferred application for custody as well as for visitation rights of their son ‘Rudra’ under Section 25 of the Guardians and Wards Act before the Court of learned District & Sessions Judge, Valsad which was registered as Guardian Application no.9 of 2024. While the aforesaid application was pending consideration, unfortunately, the father of the appellant expired on 5th November, 2023. On 16th November 2023, the appellant had also urged the respondent to join for after death rituals of his father with his son however, the wife had shown adamant approach and had failed to attend the after death rituals of her father-in-law.

2.6 Pending consideration, the appellant - husband had preferred interim application dated 27th