Pinnacle court says ‘The child features a right to induce the love and affection of both parents'

The Supreme Court was hearing an appeal from Rajasthan where the court had rejected the father’s plea for interim custody of his minor son in July 2021.

The Supreme Court stepped into the shoes of youngsters who find themselves within the middle of custody battles between estranged parents, saying a toddler is happiest when he or she will be able to have both parents.

The top court was hearing an appeal from Rajasthan where the court had rejected the father’s plea for interim custody of his minor son in July 2021. The State tribunal had dismissed the father’s appeal.

In an order during which the COVID-19 pandemic featured prominently, a Bench led by Justice Indira Banerjee said the lower courts’ orders couldn't be faulted. But the Supreme Court then went on to carve several occasions, just like the son’s birthdays, weekends, summer vacations, during which the father could meet and spend time with him.

“The child would perhaps be happiest if he could have both his parents. Unfortunately, the oldsters are unable to resolve their differences and stay. Be that because it may, the kid features a right to access both parents, and acquire the love and affection of both parents. Whatever be the differences between the spouses, the kid can't be denied the corporate of his father,” the highest court explained.

The Bench noted that the pandemic should now not are available in the way of the person from meeting his son. the problem of custody and access to the kid could also resume before the domestic relations court as “the COVID-19 situation within the country has improved and life has more or less normalised”, the Supreme Court said within the order.