In a poignant decision underscoring the primacy of a child’s welfare, the Supreme Court has ruled that a father’s visitation rights cannot override the health and well-being of his child.
The case involved a custody battle between estranged parents, both medical professionals residing in separate cities—Madurai and Karur, separated by approximately 150 kilometers. Initially, the family court mandated that the child’s mother transport her young daughter to Karur every Sunday for two-hour visits with the father. This was later modified by the Madras High Court to extend visitation to four hours weekly.
However, the mother contested the decision, citing the physical strain such frequent travel imposed on the child and raising concerns about the father’s history of alleged domestic violence and his minimal prior involvement in the child’s life.
The Supreme Court, led by Justices Vikram Nath and PB Varale, modified the visitation arrangement, shifting the location from Karur to Madurai, where the child resides with her mother. The Court emphasized that while the father’s rights as a natural guardian are significant, they must not come at the expense of the child’s well-being.
“The interest of the minor child is paramount. Adjudicating parental rights must not compromise her health or best interests,” the Court stated, adding that previous orders had placed an undue burden on the child without justifiable reasoning.
The revised arrangement allows the father to visit the child in a public park or temple in Madurai for four hours each Sunday, with the mother maintaining a safe distance. This decision aims to ensure the child’s comfort while balancing the father’s right to maintain a relationship with her.
The judgment reinforces the legal principle that the welfare of the child must take precedence in custody disputes, marking a crucial precedent in family law.
