'A Parent Cannot Be A Guest In The Life Of Their Child': Telangana High Court Insists On Granting Overnight Custody To Each Parent
4 years, 3 months ago

'A Parent Cannot Be A Guest In The Life Of Their Child': Telangana High Court Insists On Granting Overnight Custody To Each Parent

Live Law  

"A parent cannot be a guest in the life of their child. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have comfortable time with the father or mother, whoever may be the case," remarked the Telangana High Court recently. Vide order dated December 13, 2019, the Family Court had ordered: "Custody of the child shall be with the father and mother as follows: Sunday evening 4.00 PM onwards till Friday morning, the father will have the custody of the child, The mother will pick up the child from the school on Friday and will hand over the custody of the child to the father post lunch on Sunday at 4.00 PM. Thereafter, the parents are at liberty to take appropriate steps before the Family Court in the event of any modification of having the custody of the child." But, in this context, the Court opined, "It is further strange to accept the behaviour of the mother that on one hand she takes shelter of Corona virus for not sending the child to his father but on the other hand she took the child to police stations, hospital for examining his private parts and made serious allegations against the father that he has committed sexual assault upon the child."

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History of this topic

Telangana High Court Rescinds Order Restricting Late Night Entry Of Children Into Movie Theatres, Says All Stakeholders Need To Be Consulted
2 weeks, 4 days ago

Telangana High Court Rescinds Order Restricting Late Night Entry Of Children Into Movie Theatres, Says All Stakeholders Need To Be Consulted

Live Law  

The Telangana High Court has rescinded its order restricting children below the age of 16 years from entering movie theatres after 11pm.  On a previous date of hearing, the Bench had noted that children are whiling away their time at movie theatres late at night and thus an interim direction was made restricting their entry late night.  Following …

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms
2 months, 1 week ago

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

Live Law  

The Telangana high court on Wednesday reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137 of the BNS. Relying on an order passed by the Bombay High court in a …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
8 months ago

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

Live Law  

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other …

‘Parents Can't Be Guest In Child's Life; Visitation Rights Shouldn't Be Limited To Few Hours, Must Encourage Overnight Custody To Each Parent': Tripura HC
1 year, 5 months ago

‘Parents Can't Be Guest In Child's Life; Visitation Rights Shouldn't Be Limited To Few Hours, Must Encourage Overnight Custody To Each Parent': Tripura HC

Live Law  

“This Court strongly believes that a parent cannot be a guest in their child's life. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have a comfortable time with the father or mother, whoever may be the case,” the Tripura High Court observed recently as it stressed that overnight custody must …

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court
1 year, 5 months ago

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court

Live Law  

The Telangana High Court on Thursday held that custody disputes of children cannot be settled by elders of the house while reiterating that the welfare of the minor children is of paramount importance in such matters. In the custody matters, welfare of the minor child is the paramount consideration.” The petitioner-mother submitted that she married the respondent in 2014 and …

Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]
5 years, 5 months ago

Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]

Live Law  

A child has a right to the affection of both his parents, the Supreme Court remarked while considering a special leave petition filed by a father.Though it refused to interfere with the family court order granting custody of the child to the mother, the bench of Justice Deepak Gupta and Justice Surya Kant directed the Family Court to ensure that …

Hyderabad: Nooty Rammohan Rao’s grandchild custody to mother
5 years, 10 months ago

Hyderabad: Nooty Rammohan Rao’s grandchild custody to mother

Deccan Chronicle  

Hyderabad: When two-and-a-half hours of counselling did not have the desired result of reconciling a husband and wife for the sake of their children, the Telangana High Court gave custody of the girl child Risitha, granddaughter of retired judge Justice Nooty Rammohan Rao, to her mother. Concerned over the welfare and psychological well being of the children when their parents …

Consider child’s welfare not statute
5 years, 11 months ago

Consider child’s welfare not statute

Deccan Chronicle  

Hyderabad: The Telangana High Court has clarified that the custody of a child below the age of seven years need not be with the mother as prescribed in the statute. The High Court reiterated that child welfare will be given paramount consideration in giving custody to the suitable parent. A division bench of Justice Raghavendra Singh Chauhan and Justice T. …

Telangana high court says dad's visit to child can't be limited
6 years, 1 month ago

Telangana high court says dad's visit to child can't be limited

Deccan Chronicle  

Hyderabad: A father cannot be deprived of visitation rights to his children or their temporary custody on the ground that he lived alone and consumed alcohol in the children’s presence making them fall ill, the Telangana High Court has ruled. Dealing with an appeal from a mother who sought to stay a Khammam district court order permitting the father’s custody …

Visitation rights of grandparents towards grand children would also include overnight custody for shorter periods: Kerala HC [Read Judgment]
8 years, 11 months ago

Visitation rights of grandparents towards grand children would also include overnight custody for shorter periods: Kerala HC [Read Judgment]

Live Law  

A division bench of Kerala High Court comprising of Justices C.K Abdul Rehim and Shaji.P Chali in Biji &Another v Vijil &others has ruled that visitation rights of the grandparents towards their grand children is well recognized and the same also would certainly include overnight custody for shorter periods.The 1st respondent had. A division bench of Kerala High Court comprising …

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]
9 years, 4 months ago

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]

Live Law  

Bombay High Court on Monday stayed an order of interim relief granted by the Family Court, taking into consideration the age of the child while granting overnight access to the father.The mother had challenged the order dated November 6, 2015 passed by Family Court, Mumbai, granting overnight access to the custody of a 3 year old child to the husband …

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]
9 years, 4 months ago

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]

Live Law  

Bombay High Court on Monday stayed an order of interim relief granted by the Family Court, taking into consideration the age of the child while granting overnight access to the father.The mother had challenged the order dated November 6, 2015 passed by Family Court, Mumbai, granting overnight access to the custody of a 3 year old child to the husband …

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