The High Court stated that the parental care must be needed for the child in his tender years and the parental care indicates that the mother and father have taken care, protection and love over their child.
- The father filed an petition for guardianship and custody of his tender aged child in the lower court and it was dismissed.
- The present appeal was filed by the father challenging the lower court’s dismissal order.
- The mother and father got separated and the mother taken care over the child custody.
- As of now, the seven year old child grew under the guardianship of his maternal grandfather because the mother got re-married and settled in abroad.
- The Counsel of father contended that the mother’s relocation and leaving the child in India affects the care of the child and the father was not permitted by them to look over his child.
The Court observed the conditions of the child and its residing environment and found that the child is in the need of care, protection, love and affection of their parents.
Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that the appeal was allowed and grants the visiting rights to the father for two times in a week and allowing daily telephone conversation with his minor child.
The High Court also remarked that the custody of the child was given to any one of the parents is unimportant as compared to the children’s healthy environment. So, both the parents have equal rights over the care and protection of their child.
CASE NAME: Shaik Aslam Latheef V. Madanapalli Shafia Mariyam
NAME: Viswa ganesh K, BALLB (Hons.), School of Excellence in Law, Dr. Ambedkar Law University, INTERN UNDER LEGAL VIDHIYA.
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