Divorced couple ( with agreement recorded that if the appellant Husband remarried, the respondent Wife would have a right to the custody of the female child ) :- Paragraph 2. The primary considerations would be : (a) ensuring benefit to the child of having to spend significant time with both parents to develop a meaningful relationship; and when there are grandparents, uncles, aunties, cousins etc., overnight access so that the child gets love and affection from the extended family; (b) ensuring the need to protect the child from psychological harm. Paragraph 3. The number of divorce cases across all sections of the society are on the increase resulting in rise of bitter child custody battles. Often the innocent children are used as tools of vengeance by vindictive litigants. A perusal of Article 39 (e) & (f) of the Constitution of India would guide that of the various fundamental rights of a child, one valuable right is to get love and affection from both parents, right to quality of life, right to be cared and the right to develop a sense of belonging.
Vikas Agarwal Versus Geeti MathurMAT.APP.(F.C.) 171/2016 on 14 February, 2017
- Post published:December 11, 2021
- Post category:Custody
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- Post last modified:December 29, 2021
Tags: Child Alienation, Child Rights