The Supreme Court stepped into the shoes of children who find themselves in the middle of custody battles between estranged parents, saying a child is happiest when he or she can have both parents.
The top court was hearing an appeal from Rajasthan where the Family Court had rejected the father’s plea for interim custody of his minor son in July 2021. The State High Court had dismissed the father’s appeal.
In an order in which the COVID-19 pandemic features prominently, a Bench led by Justice Indira Banerjee said the lower courts’ orders could not be faulted. But the Supreme Court then went on to carve several occasions, like the son’s birthdays, weekends, summer vacations, during which the father could meet and spend time with him.
“The child would perhaps be happiest if he could have both his parents. Unfortunately, the parents are unable to resolve their differences and stay together. Be that as it may, the child has a right to access both parents, and get the love and affection of both parents. Whatever be the differences between the spouses, the child cannot be denied the company of his father,” the top court explained.
The Bench noted that the pandemic should no longer come in the way of the man from meeting his son. The issue of custody and access to the child could also resume before the Family Court as “the COVID-19 situation in the country has improved and life has more or less normalised”, the Supreme Court said in the order.
