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Affection and love from both the parents is a child’s right: Supreme Court

Socio Legal Corp

Written by Rhythm Agal

Like the courts’ observations across the country, a Supreme Court bench comprised of Justices Indira Banerjee and CT Ravikumar observed that children are happiest when they have both parents, in the case Himanshu Chordia vs. Arushi Jain. The Court was hearing an appeal filed by a father against a decision of the Rajasthan High Court which upheld the decision of a family court on October 28, 2021, to reject a plea for interim custody of his minor son in July of the same year. The Court observed that the child needs the care of both parents, but unfortunately, the parents cannot resolve their differences and stay together. The Court also recognized that the child needs both the parents and will be equally happy with both of them, but he could be happiest if he had both the parents. The Court granted the petitioner permission to take the child out for a few hours in the afternoon on the day of Holi and then return the child to his mother after dinner in an order dated March 4, 2022. The Court also allowed the petitioner to spend the weekend with the child, i.e., March 19 and 20, 2022, and return the child to the respondent-mother by the evening of March 20, 2022. The Bench granted the petitioner-father the right to meet and spend time with the child on their birthday and visitation rights during the summer vacation if the child agrees. Advocates SS Jauhar, Prabhjit Jauhar, and Aishwarya Makhija appeared for the petitioner. Advocates Ronak Karanpuria and Yogesh Mahur, Sumit Sharma, and Jai Wadhwa appeared for the respondent-mother.

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