Visitation right

Hello,

In any matter related to the custody of a child, the welfare of the child has maximum consideration. The courts have held repeatedly that such considerations are never static nor can they be squeezed in a straight jacket. Therefore, each case has to be dealt with on the basis of its peculiar facts. In Rosy Jacob vs Jacob A. Chakramakkal, the Supreme Court held that all orders relating to custody of minors were considered to be temporary orders. The learned judges made it clear that with the passage of time, the Court is entitled to modify the order in the interest of the minor child. The Court went to the extent of saying that even if orders are based on consent, those orders can also be varied if the welfare of the child so demands. Furthermore, Mausami Moitra Ganguli vs. Jayant Ganguli has explained very clearly that "The welfare of the child is of paramount importance in matters relating to child custody and this Court has held that welfare of the child may have a primacy even over statutory provisions". This was further affirmed by Dhanwanti Joshi vs. Madhav Unde which expanded it as well when it said that in respect of orders as to custody already passed in favour of the appellant the doctrine of res judicata applies and the Family Court in the present proceedings cannot re-examine the facts which were formerly adjudicated between the parties on the issue of custody or are deemed to have been adjudicated. There must be proof of substantial change in the circumstances presenting a new case before the court. It must be established that the previous arrangement was not conducive to the child’s welfare or that it has produced unsatisfactory results. Hence your husband can apply for visitation rights even after a few years and you will not be able to obstruct him once he gets an order in his favour. The best way for you is to fight against his petition in the court with a good lawyer.

Regards,

Advocate Ashok Kumar; www.lawkonect.com