“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father

The mother approached the High Court against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public place for three hours. The mother challenged the order on grounds of lack of jurisdiction of the Additional Principal Judge.

Rejecting the arguments regarding lack of jurisdiction, the bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,

“the child's natural right to know and meet his parents is near perfect.”

The Court held that grant of visitation rights by the Family Court has not altered the custody of the child. It was held that child's best interest is to know his father during the pendency of the custody case before the Trial Court.

Accordingly, the appeal filed by the mother was dismissed.

Case Title: Priyanka Agarwal v. Abhishek Agarwal [FIRST APPEAL No. - 576 of 2024]