NEW DELHI: In a significant decision, Supreme Court has ruled children, the unintended and unfortunate victims of marital discord between their parents, have a right to love and affection of both parents, even if they are separated or living continents apart.
"Every child has a right to the affection of both parents. Even if parents live apart or in different countries, it is important for the child to maintain a relationship with both. Denying such contact (by either parent) would deprive the child of the love, guidance, and emotional support," said a bench of Justices Vikram Nath and Sandeep Mehta.
In Nov 2012, a man and woman got married, and had a child in Jan 2016. In 2017, the woman left the matrimonial home, and subsequently filed for divorce. In 2018, the man filed a petition for custody of the child. He was granted custody of the child on every Saturday and Sunday, subject to the condition that the child would not be taken out of Rohtak. In March 2023, the family court dismissed the father's petition on finding he had violated the child custody conditions. He challenged this order before Punjab and Haryana HC.
During pendency of the petition before HC, the mother moved to Ireland with the child. HC dismissed the father's petition relying on the family court's finding that he violated custody conditions.
On appeal, the SC bench said such cases are sensitive as it concerns the future of a child. The bench said though the conduct of both parents were far from ideal, "the court cannot allow the child to become a casualty of this conflict." SC said though the child appears to be settled in Ireland, the demand of the father for regular opportunity to interact with his son through video-conferencing is fair.
"Every child has a right to the affection of both parents. Even if parents live apart or in different countries, it is important for the child to maintain a relationship with both. Denying such contact (by either parent) would deprive the child of the love, guidance, and emotional support," said a bench of Justices Vikram Nath and Sandeep Mehta.
In Nov 2012, a man and woman got married, and had a child in Jan 2016. In 2017, the woman left the matrimonial home, and subsequently filed for divorce. In 2018, the man filed a petition for custody of the child. He was granted custody of the child on every Saturday and Sunday, subject to the condition that the child would not be taken out of Rohtak. In March 2023, the family court dismissed the father's petition on finding he had violated the child custody conditions. He challenged this order before Punjab and Haryana HC.
During pendency of the petition before HC, the mother moved to Ireland with the child. HC dismissed the father's petition relying on the family court's finding that he violated custody conditions.
On appeal, the SC bench said such cases are sensitive as it concerns the future of a child. The bench said though the conduct of both parents were far from ideal, "the court cannot allow the child to become a casualty of this conflict." SC said though the child appears to be settled in Ireland, the demand of the father for regular opportunity to interact with his son through video-conferencing is fair.
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