Father, Mother cannot be branded as enemy of child: Bombay High Court

The Goa bench of the Bombay High Court recently observed that neither the father nor the mother can be branded as an enemy of their child [Amey Dilip Sardessai vs Gayatri Sardessai]..Single-judge Justice Prakash Naik observed that a child needs love and affection of both the parents."Child needs love and affection from both the parents. It cannot be said that the father is unable to give love, care and protection to the child. His mother is also available at his residence. The child should develop bonding with mother as well as father," the Court observed. It noted that the child is aged around three years and five months and for a substantial period of time the custody of the child should be with the mother. But the father cannot be deprived of visitation rights and weekend custody, the Court made it clear."It is settled law that the welfare of the child is of paramount importance while considering the issue relating to child custody and visitation rights. Father or mother cannot be branded as enemy of child. Paramount welfare of the child depends on many factors," the bench underscored. .The observations were made while dealing with a plea filed by a man seeking visitation rights and weekend custody of his minor son. He challenged an order passed on September 8, 2021 by a District Court in Panaji which rejected his plea for visitation rights and weekend custody. The father's plea was allowed by a separate petition in the High Court, which granted him visitation rights on Sunday, Wednesday and Friday. The said orders weren't implemented by the wife and thus, he filed the instant petition. "This Court recorded that there are orders permitting visitation and it is the responsibility of both the sides to honour the same in letter and spirit. Any fights between the parents is bound to cause incalculable harm to the child. The Court expect both the parties to behave with utmost care particularly when it comes to rights, welfare and interest of the minor child," the Court observed. .The single-judge further noted that the child's mother has levelled certain allegations against the petitioner father and he too has made allegations against her. It further noted that both the parents are educated. "It is expected that they would understand that ultimately the welfare of the child is important. Disharmony between the parents should not affect the child. The child should develop acquaintance with both the parents. The child needs father and mother. The child would grow. Various future aspects such as education, all round development of child is required to be noted for future prospect of child," the Court said. .Advocates Parag Rao, Ajay Menon and Sowmya Drago appeared for the father.Advocate Ashwini Agni represented the mother.