Child has a right to access both parents: Supreme Court remarks in custody case

A child has a right to access both parents, and get the love and affection of both of them, remarked the Supreme Court recently.

"Whatever be the differences between the spouses, the child cannot be denied company of his father...", added a bench of Justice Indira Banerjee and Justice CT Ravikumar.

One Himanshu Chordia had filed a Special Leave Petition(SLP) before the Top Court against an order of the Rajasthan High Court dismissing the appeal filed by him against an order of the Family Court rejecting his application for interim custody of his minor son.

Last year, on two accounts, the Top Court had granted him permission to visit his son in Udaipur and spend a few days with him

On March 4, 2022 while referring the parties to the Supreme Court Mediation Centre, the Family Court had also allowed Chordia to visit his son for the Holi Holidays.

Before the Court, Chordia on the last date of hearing relied on some photographs to show that the child was happy in his company. To this, the respondent-mother submitted that similar photographs could also be produced by her.

This prompted the court to observe,

"We have no doubt that the child needs both parents and the child would be equally happy, if not happier, in the company of the mother as well. 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 company of his father."

On being informed that the summer vacation had commenced, Court went on to allow Chordia to pick the child up from his mother’s house at 5.00 p.m. in the evening and return him to his mother by 9-9.30 p.m.

"If the child is agreeable, the petitioner-father may spend one or two days with the child every week during the summer vacation. No pressure should be put on the child", said the court.

Also, noting that the COVID-19 situation in the country had improved and life had more or less normalised, the Top Court ordered that the parties may in future approach the Family Court concerned for requisite directions with regard to custody of/access to the child.

Case Title: HIMANSHU CHORDIA vs. ARUSHI JAIN