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(Guest)

Above 8 years either gender Child Visitation ?

Que.: How (above 8 years either gender) child visitation to be decided in India ?

Is there any binding case law from Apex court on this?

What does the various States HC's say on above question.

Kindly disuss.
Rgds



Learning

 3 Replies

valentine (Advocate)     18 May 2010

Father becomes the natural guardian after 5 years of age of any child. Upto 5 years the court may allow custody of the child to mother only. However, visitation rights are decided by the district court looking to the circumstances of each case. Normally two days in a week (Sta-Sunday preferably) are given to the parent who is not in the custody of the child.

Pavan Kumar Sandur (others)     24 July 2010

Learned friends,

Father is the natural gaurdian of the child above 5 years of age.

Will the physical custody of the child ( male child) be given to the father along with gaurdianship?

Or is this a debatable issue? If so on what grounds?

Can the father be termed a drunkard for having a couple of beers over weekends and due to this lose

custody or visitation rights to the child?

Adv Archana Deshmukh (Practicing Advocate)     24 July 2010

As per the judgements of various HCs and the SC, the welfare of the child is is of paramount consideration in deciding the custody. The custody of the child is given to the parent who can provide the child best environment for the healthy growth of the child.


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