Title: Syed Irshad Ahmed Zaid v. Shazia Anjum
Citation: FA (MAT) No. 123 of 2023
Decided on: October 11, 2023
Coram: Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari
Introduction
The Chattisgarh High Court, while disposing an appeal made the observation that in Indian society, the role of grandparents in the upbringing of a child is of great significance. The welfare of a child is of paramount consideration and there is a need to protect the interests of the child. The division bench consisting of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari further went on to state that grandparents form an integral part for upbringing of a child and a child cannot be deprived of their affection and contribution. Visitation rights to grandparents is also necessary keeping in mind the possibility of any one parent unilaterally polluting the mind of a child.
Facts of the case
This appeal arises against the order passed by the Family Court, Rajnandgaon, wherein the father (appellant) was granted visitation rights subjected to certain limitation. He was allowed to meet his children in the Meditation Centre situated at concerned District Court premises. Subsequently, another application was filed, wherein, it was prayed that the grandfather of the children, who is aged about 80 years may also be allowed. However the said application was dismissed.
Court’s observation and analysis
Chattisgrah High Court took the view that in cases of custody battle, a straight jacket formula cannot be applied. In the Indian society, the grandparents form an integral part for upbringing of a children and that part of affection and contribution cannot be ignored or shelved and it is the welfare of the children which we are concerned. The grand parents being ancillary part and parcel of the family would hold this way for welfare of the child. Therefore, meeting of the grand parents with the children would also be a necessary part for upbringing, before their mind is polluted by unilateral act of any of the single parents.
The High court referred to the Supreme Court case of Yashita Sahu Vs. State of Rajasthan, (2020) 3 SCC 67, wherein it was held that unless and until there are extreme circumstances, a parent cannot be denied the right to visit their children. Sufficient visitation rights to parents ensure the cognitive development of children and the children are not deprived of affection and love of any one parent. Hence, the welfare of a child is to be given utmost importance. The welfare of the child is to be tested before court before arriving at any decision regarding the custody of the child. Further reference was made to the cases of R.V. Srinath Prasad Vs. Nandamuri Jayakrishna and Ors, 2001 (4) SCC 71 and in Vikram Veer Zohra Vs. Shalini Bhalla, 2010 (4) SCC 409, wherein it was held that no single factor can be taken into account as a decisive factor for deciding the custody of a child.
In the present matter, only the father was allowed to meet his children. The High court was hence, of the view that the venue of meeting the children be changed as bringing the child to the Court on frequent occasions cannot be appreciated because of its social structure and atmosphere.
The division bench granted visitation rights to the father at an independent venue and the grandfather was allowed to accompany the father.
Conclusion
Custody matters can prove to be a stressful affair not only for the parents but also for the child in question. It is of paramount importance to take into consideration the welfare of the child while deciding the custody. Considering the social, physical and psychological development of a child, the presence of both the parents is necessary. In the Indian society, the involvement of grandparents in the life of a child also plays a major role in the child’s cognitive and physical development. A child cannot be deprived of love and affection from either parents or grandparents. In case of conflict between parents, it is necessary to provide the child with a sense of security in order to ensure the child’s development in a safe and sound environment.
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Written by- Amrita Rout
