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Monday, December 17, 2012


While the Supreme Court deciding the question with regard to the custody of the children and visitation rights, if any, in Gaytri Bajaj Vs Jiten Bhalla  observed:

An order of custody of minor children either under the provisions of the Guardians and Wards Act, 1890 or Hindu Minority and Guardianship Act, 1956 is required to be made by the Court treating the interest and welfare of the minor to be of paramount importance. It is not the better right of the either parent that would require adjudication while deciding their entitlement to custody. The desire of the child coupled with the availability of a conducive and appropriate environment for proper upbringing together with the ability and means of the concerned parent to take care of the child are some of the relevant factors that have to be taken into account by the Court while deciding the issue of custody of a minor. The desire, interest and welfare of the minor which is the crucial and ultimate consideration that must guide the determination required to be made by the Court.

The appeal was sought by the mother of two minor girls against the order of the Delhi High Court stating that she abandoned the visitation rights due to fraud and deceit practiced on her. The Supreme Court after having a personal interaction with children, to bring the issue with regard to custody and visitation rights to a satisfactory conclusion. Held, both appear to be happy in the company of their father who also appears to be in a position to look after them. The children having expressed their reluctance to go with the mother, even for a short duration of time.

The Supreme Court came to a conclusion that the children would continue to remain in the custody of their father until they attain the age of majority. Denied any visitation right to the mother and thereby upholding the order of the High Court.

Prepared by: S. Hemanth

Advocate at Hemanth & Associates