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Child custody given to mother – Family Court to ensure that visitation rights are fixed in such a manner that child gets to know and love his father. (Supreme Court

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[5/5, 17:35] Sekarreporter: Child custody given to mother – Family Court to ensure that visitation rights are fixed in such a manner that child gets to know and love his father. (Supreme Court)https://bit.ly/2yu3V3s
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Anuj Chaturvedi v. Jyoti (SC) : Law Finder Doc Id # 1602087
SUPREME COURT OF INDIA
Before:- Deepak Gupta and Surya Kant, JJ.
Petition(s) for Special Leave to Appeal (C) Nos. 6303 of 2017. D/d. 4.10.2019.
Anuj Chaturvedi – Petitioners
Versus
Jyoti – Respondents
For the Petitioners :- M.M. Singh, Jitendra Kr., Prashant Kr. Singh, Rameshwar Prasad Goyal, Advocates.
For the Respondents :- Ashok K. Singh, Ms. Sonakshi Monga, Sandeep K. Bhardwaj, Ali Safeer Farooqi, Syed Imtiyaz Ali, Arvind Kumar Kanva, Ms. Ankita Balooni, Tanishq Mehta, Aftab Ali Khan, Advocates.
IMPORTANT
Child custody given to mother – Family Court to ensure that visitation rights are fixed in such a manner that child gets to know and love his father.
Guardian and Wards Act, 1890, Section 7 – Custody of child – Visitation right – Court declined to interfere in order granting custody of child to mother – However, Court granted liberty to petitioner to approach Family Court for enhancement of his visitation rights – Child has right to affection of both his parents and Court directed Family Court to ensure visitation rights be granted in such manner.
[Para 2]
ORDER
We are not inclined to interfere in the order granting custody of the child to the mother. The special leave petition is dismissed accordingly.
However, we give liberty to the petitioner to approach the Family Court for enhancement of his visitation rights and we direct the Family Court to ensure that visitation rights are fixed in such a manner that the child gets to know and love his father. A child has a right to the affection of both his parents and the Family Court shall ensure that visitation rights are granted in such a manner. The Family Court may also make suitable arrangements for visitation/interim custody during vacation periods. Obviously the Family Court has to keep the interest of the child at the foremost.
Pending application(s), if any, stands disposed of.
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