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
