Parents Aren't Enemies of Their Child : Bombay HC

Parents Aren't Enemies of Their Child : Bombay HC

The recent observation by the Goa bench of the Bombay High Court emphasized that it's unfair to label either parent as an adversary to their child. The single-headed bench of Justice Prakash Naik highlighted the crucial necessity of a child to receive the love and affection from both parents.

The Court emphasized the indispensable need for a child to receive love and care from both parents, stating that it's unjust to claim that a father is incapable of providing love, care, and protection. Furthermore, acknowledging the presence of the mother at the child's residence, the Court emphasized the importance of the child fostering connections and bonding with both parents.

The Court acknowledged the child's age, approximately three years and five months, and deemed it appropriate for the mother to have substantial custody during this phase. However, the Court firmly asserted that the father should not be denied visitation rights and weekend custody, ensuring his continued involvement in the child's life.

"It is settled law that the welfare of the child is of paramount importance while considering the issue relating to child custody and visitation rights. Father or mother cannot be branded as enemy of child. Paramount welfare of the child depends on many factors," the bench underscored. 

The observations arose in response to a plea filed by a father seeking visitation rights and weekend custody of his minor son. This plea challenged a prior order from September 8, 2021, issued by a District Court in Panaji that had dismissed his request for visitation rights and weekend custody. The father's plea found success through a distinct petition in the High Court, securing him visitation rights on Sunday, Wednesday, and Friday. However, despite the court's orders, the wife did not comply, leading the father to file the present petition seeking enforcement of the granted rights.
 
The single-judge additionally highlighted that the child's mother has raised certain allegations against the father, and reciprocally, the father has made allegations against her. The court took note that both parents are educated individuals involved in this situation.
 
Advocates Parag Rao, Ajay Menon and Sowmya Drago appeared for the father. Advocate Ashwini Agni represented the mother.
 
Case Title - Amey Dilip Sardessai vs Gayatri Sardessai
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