Child Welfare Supreme: SC on Right to Visit Father

Child Welfare Supreme: SC on Right to Visit Father

The Supreme Court of India ruled it cannot be done at the cost of his health and overall child welfare in its landmark judgment, the paramount consideration in disputes over custody and visitation disputes being that of the child's best interest, SC said.The case involved a divorced couple who sought regular visitation rights to the minor child. The mother, however, objected to this stating that it could affect the health, emotional stability, and continuity of the daily routine of the child. As such, medical condition and the emotional well-being of the child were the bones of contention leading the court to balance the right of the father with the interest of the child. The Supreme Court bench, led by Sanjiv Khanna, highlighted the importance of balancing parental rights with the primary consideration of the child's welfare. The court stated that while a father has the right to maintain a relationship with his child, such a right is not absolute and must yield to the child's best interests. In its observations, the court stressed that: Child-Centric Approach: All issues of visitation and access should be decided in light of the best interests of the child's physical, emotional, and psychological well-being. Health Issues: Where the child's health may be jeopardised or where such visitation could have harmful effects on his/her health then the court should deny such visitation. Case-Specific Approach: Judgment has to be given in light of the circumstances of the case; for example, in the case of a child, his age, health, or in the discretion of the child at suitable times. The court quoted principles from the Guardians and Wards Act, 1890, and other precedents that all matters regarding children must fall within the principle of the welfare of the child in disputes about their custody. It again reaffirmed that the court must be a parens patriae; the courts cannot let the child's welfare go in jeopardy. In this case, the judge has permitted the visit of the father with allowing this certain rights toward the child. Given the nature and health state of the child, the courts informed them to be conducted supervisingly where it won't make the child uneasy. It is landmark in family law since it reiterates that rights of parents are not absolute and have to be exercised keeping in consideration the welfare of the child. It has precedence for custody and visitation where the well-being of children is considered on all aspects of health, happiness, and security.

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