The Apex Court has viewed while considering a Special Leave Petition filed by a father, a child has a right to the affection of both his parents. The bench of Justice Deepak Gupta and Justice Surya Kant directed the Family Court to ensure that visitation rights are fixed in such a manner that the child gets to know and love his father. However, the said Court has refused to interfere with the family court order granting custody of the child to the mother.

In this case, the family court had, while granting custody of the child to mother, allowed the father to visit his son on two days in a month. While confirming this order, the Allahabad High Court noted that the child is aged about 4-5 years and at such tender age it is always in the interest of the of the child that he may remain in the custody of the mother.

While granting liberty to the father to approach the Family Court for enhancement of his visitation rights, the bench said:

“A child has a right to the affection of both his parents and the Family Court shall ensure that the 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”.

— India Legal Bureau

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