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2022 6 Supreme 675 : The High Court granted visitation rights to the respondents (grandparents) in the case, directing the Appellant (mother) and her husband to bring the child to the residence of the respondents once every three months, preferably during Dussehra, Deepavali, and Sankranthi festival days, and during school vacations, for a period of two days from sunrise to sunset. This order was upheld by the trial court and later affirmed by the High Court in its judgment dated 24.01.2014, which is the subject of the present appeals. The judgment confirms that visitation rights were granted under Section 10 of the Guardian and Wards Act, 1890, and the High Court''''s direction to facilitate such visitation is a valid exercise of its powers in the interest of the child''''s welfare.Checking relevance for Santhini VS Vijaya Venketesh...
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2023 0 Supreme(Bom) 1089 : The court granted limited visitation rights to the father under the Guardians and Wards Act, 1890, ruling that the best interest of the child and the impact of frequent changes on the child''''s well-being were central legal principles. The father was granted three hours of visitation on Mondays at the Family Court until the custody application is decided, despite the child''''s tender age and the wife''''s opposition. The court emphasized the need for expeditious decision on the custody application and upheld the principle that visitation rights may be granted even in cases involving domestic violence allegations, provided they are in the child''''s best interest.Checking relevance for Krishnan Ratnakaran Nambiar VS Satya Krishnan Nee Reddy...
2023 0 Supreme(Kar) 1055 : Visitation rights of a parent cannot be made contingent upon the payment of maintenance, as these are distinct legal issues that must be evaluated independently, ensuring the best interests of the children are prioritized. The court held that the Family Court''''s order conditioning visitation rights on maintenance payments was improper and quashed it, emphasizing that compliance with maintenance obligations should be considered in future custody and visitation applications, but not as a precondition for visitation. This principle aligns with Section 12 of the Guardians and Wards Act, 1890, which mandates that custody and visitation decisions must be made in the best interests of the child, without undue influence from financial obligations.Checking relevance for Cheenu Gopi VS State of Andhra Pradesh...
2022 0 Supreme(AP) 881 : The court permitted the petitioner (natural father) to visit the child at the respondents'''' residence every Sunday between 10:00 AM and 04:00 PM, until he approaches a Competent Civil Court and establishes his right to the custody of the minor child. This order was issued in the context of the father''''s application under the Guardians and Wards Act, and reflects the court''''s recognition of the father''''s right to visitation, even while the custody issue remains pending before a civil court. The court''''s decision aligns with the principle that the welfare of the child is paramount, and visitation rights may be granted to maintain the father-child relationship, especially when the child is in the care of the maternal grandparents, as long as it does not prejudice the child''''s welfare.Checking relevance for Geetanjali Aggarwal VS Manoj Aggarwal...
Geetanjali Aggarwal VS Manoj Aggarwal - Current Civil Cases (2024)
: Orders passed under Section 12 of the Guardians and Wards Act, 1890—such as those granting or refusing visitation rights or interim custody—would be appealable under Section 19 of the Family Courts Act, 1984. The Family Courts Act, 1984 confers broad jurisdiction over family matters, including those under the Guardians and Wards Act, and the appellate jurisdiction under Section 19 of the FC Act is independent of any other statutory appellate or revisional powers. Therefore, a father’s application for visitation under Section 12 of the Guardians and Wards Act can be the subject of an appeal, and such orders are maintainable on appeal, supporting the father’s right to seek judicial review of visitation denials.
