‘Grandparents Form Integral Part For Upbringing Of Children’: Chhattisgarh High Court Grants Visitation Right To Meet Grandchildren

The Chhattisgarh High Court has allowed an octogenarian grandfather to meet his grand-children pending the custody battle between his son and daughter-in-law for such children. While modifying the order of the lower Court which denied visitation rights to the aged man to meet his grandchildren, the Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari observed, “In the Indian society, the grandparents form an integral part for upbringing of a children and that part of affection and contribution cannot be ignored or shelved and it is the welfare of the children which we are concerned. The grand parents being ancillary part and parcel of the family would hold this way for welfare of the child.” This appeal was preferred against two orders passed by the Family Court, Rajnandgaon by which limited visitation right was given to the father to meet his children. It referred to the judgment of the Apex Court in Yashita Sahu v. State of Rajasthan, wherein it was held that even if custody is given to one parent, the other parent must have sufficient visitation right to ensure that child keeps in touch with the other parent and does not lose social, physical and psychological contact with anyone of two parents. “Therefore, meeting of the grand parents with the children would also be a necessary part for upbringing, before their mind is polluted by unilateral act of any of the single parents,” the Court opined.