Children have right to love of both parents, rules SC

New Delhi, June 13

Holding that children have the right to love and affection of both parents, the Supreme Court has said they can’t be denied access to either of the parents as they are the happiest when they have both mother and father.

The child would perhaps be the happiest if he could have both his parents. Supreme Court Bench

“We have no doubt that the child needs both parents and the child would be equally happy, if not happier, in the company of the mother as well. The child would perhaps be happiest if he could have both his parents,” a Bench led by Justice Indira Banerjee noted.

The Bench, however, noted, “Unfortunately, the parents are unable to resolve their differences and stay together. Be that as it may, the child has a right to access both parents, and get the love and affection of both parents. Whatever be the differences between the spouses, the child cannot be denied the company of his father.”

Allowing an appeal filed by a father challenging the Rajasthan HC’s order rejecting his plea for interim custody of his minor son, the top court permitted him to meet and spend time with the child on his birthday.

It also allowed him visitation rights during the summer vacation, provided the child agreed to it.

“No pressure should be put on the child. As the Covid situation in the country has improved and life has more or less normalised, the parties may in future approach the family court concerned for requisite directions with regard to custody of/access to the child,” the Bench had said in an order later last month. Earlier, the family court had rejected the father’s plea in July 2021 and the Rajasthan HC had upheld the order on October 28, 2021, forcing the father to approach the SC.