Today, Wednesday, May 29, a division bench of the Kerala High Court said that it is in the “best interest of the child to receive love and support from both parents unless proven that one parent is unworthy of custodial rights.”
As reported by IANS, the bench while considering a matrimonial appeal first interacted with the minor child (an 11-year-old girl) and found that she had no issues spending time with her father.
“While the court's duty and responsibility in custody disputes is to ensure that both parents maintain a healthy relationship with the child. Non-custodial parents should have sufficient visitation rights to prevent the child from losing social, physical, and psychological contact with either parent,” the court ruled.
“Only in extreme circumstances should one parent be denied contact, and reasons must be clearly stated if this occurs. Courts are responsible for defining the nature, manner, and specifics of visitation rights to safeguard the child's continuous connection with both parents. The child's need for both parents' company takes precedence over the individual rights of the parents,” said the court.
The court, thus, upheld the Family Court's order of granting visitation and contact rights to the father of the girl besides affirming the overnight custody given to him, who is in the Merchant Navy, for a few days during vacations and during his leave, IANS added.
The court further pointed out that children facing parental conflicts could have detrimental effects and long-lasting psychological effects.
