Nishka Srinivas Veluvali –
Published On: November 29, 2021 at 20:20 IST
The Delhi High Court stayed an order permitting ‘visitation rights’ to the putative father of a two and half year-old child on regular basis by a Family Court.
Justice Yashwant Varma noticed that, “The order ultimately passed requires the minor child of two and half year old to be moved out of the residence and be taken by the respondent for a period of 2 hours on a daily basis. The Principal Judge has clearly failed to weigh or consider the disruptive and deleterious impact that this way.”
Justice Varma added, “It is apparent that the Court proceeded on the incorrect path of seeking to consider and evaluate the competing rights of parents to be accorded custody and/or granted rights of visitation. The above claims which are raised by competing parents must necessarily be recognized as being subservient to the interest of the child which has always and consistently been recognized as being paramount.”
The Case comes into the light after the mother of the child filed a Petition under Civil Miscellaneous opposing the Family Court’s Order allowing the Respondent (father) to visit the child in her absence from 6 pm to 8 pm daily.
The Family Court observed that both the Petitioner and the Respondent resided in the same building, to which the Petitioner (mother) denied before the High Court claiming that the respondent moved out of the building very long time ago and now due to the impugned Order, is taking the child to various undisclosed locations which is disrupting the routine of the child.
The Petitioner further claimed that the putative father is not akin to the biological father of the child under the Hindu Minority and Guardianship Act, 1956.
Before the Family Court, she argued that the respondent (father) had denied the marriage henceforth the child is illegitimate and under Section 6 of the Hindu Minority and Guardianship Act, 1956 he is not eligible for the custody of child and thus, should not be granted the visiting rights of the child.
In response to her arguments, the respondent (father) stated that he admits there is no valid marriage between him and the Petitioner but he has never denied the right of paternity and hence the child belongs to him.
Delhi High Court stated that this matter is of concern and the next hearing will be held on January 7, 2022.
“Till the next date of hearing, there shall be stay of the order dated 28 October, 2021,” the Bench ordered.