The Supreme Court recently reinforced the principle that a child’s well-being must take precedence in parental disputes, modifying interim visitation rights granted to a father. The decision shifts the location of visits to prioritize the health and safety of a two-year-old child.
Core of the Dispute
The case involved a couple who married in 2021 and had a daughter in June 2022. Living separately since August 2022, the mother filed for divorce in 2023 on grounds of cruelty. During the proceedings, the father sought visitation rights, which were initially granted by a Family Court. The mother was directed to bring the child to Karur, Tamil Nadu, every Sunday for visits.
Citing the 300-kilometer round trip as detrimental to her child’s health, the mother contested this order in the High Court. She also raised concerns about threats to her and her child’s safety. However, the High Court upheld the visitation rights, modifying the duration and frequency of visits but maintaining Karur as the meeting location.
Supreme Court’s Stand
Challenging the High Court’s decision, the mother argued that the visitation arrangement endangered her daughter’s well-being. The Supreme Court acknowledged the father’s role as a natural guardian but emphasized that a child’s interests remain paramount.
Criticizing the lack of justification for the Karur location, the Court ruled that visits should occur in Madurai, where the mother resides. It directed that the father meet his daughter every Sunday, from 10:00 a.m. to 2:00 p.m., in the presence of the mother.
Key Takeaways
The Court highlighted that while parental visitation rights are significant, they cannot come at the expense of a child’s health or safety. This ruling underscores the judiciary’s commitment to safeguarding the welfare of minors in familial disputes.
