Father or Mother Cannot be Branded as Enemy of Child, Welfare of Paramount Importance: Bombay High Court

The Bombay High Court (HC) recently observed that the welfare of a child is of paramount importance and that the father and mother cannot be branded as the enemy of the child.

“For a substantial period of time, the custody of the child should be with the mother. But the father cannot be deprived of visitation rights and weekend custody. 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,” the order reads.

A single-judge bench of the high court at Goa comprising Justice Prakash Naik was hearing a petition filed by the father challenging the District Court’s order denying him visitation rights and weekend custody of his minor son.

The father had obtained an order for visitation rights through a separate petition in the high court, but it was not being implemented by the mother.

The high court emphasised the importance of implementing court orders related to visitation rights, stating that both parties share the responsibility to do so in letter and spirit.

The bench added that conflicts between parents could cause significant harm to the child and urged both parties to act with utmost care, especially concerning the rights, welfare, and interests of the minor child.

The court in its order also explained the importance of the child developing a bond with both the mother and father. “Child needs love and affection from both the parents. It cannot be said that the father is unable to give love, care and protection to the child. His mother is also available at his residence. The child should develop bonding with mother as well as father,” the order states.

The court, while granting visitation rights to the father, emphasised that the disharmony between the parents should not negatively impact the child. It emphasised the importance of the child developing acquaintance with both parents.

“Disharmony between the parents should not affect the child. The child should develop acquaintance with both the parents. The child needs father and mother. The child would grow. Various future aspects such as education, all round development of child is required to be noted for future prospect of child,” the order reads.