The HC overturned a lower court' decision and granted interim custody and visitation rights to a father to meet his 12-year-old son while emphasising that the best interest of the child must remain the paramount consideration in legal disputes.
In a matrimonial dispute, the father had sought interim custody and visitation rights for his son. Although the child is in the mother's care, the HC noted that the presence of both parents is vital for a child's healthy growth and development. The court observed that the father is also a natural guardian entitled to maintain a bond with his son. "The mother being considered natural guardian of the child has preferential right over the father. However, while deciding the matters of custody of child, in catena of judgments, the courts have ruled that the primary and paramount consideration, which is required to be looked into is the welfare of the child," the bench comprising Justice AY Kogje and Justice Nisha Thakore stated.
The HC further stated, "The courts have recognised share parenting concept intertwined with the best interest of the child..." It ordered the mother to grant the father interim custody of the boy for 15 days so that he could visit his ailing grandmother. Additionally, the court established a recurring visitation schedule, allowing the father to meet his son for a few hours during weekends once every two months. The ruling reaffirmed the father's obligation to contribute to the child's maintenance and educational expenses.

