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

Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other parent should be granted sufficient visitation rights to ensure the child maintains contact with both parents, thus, granted visitation rights to a father in custody dispute.

The judgment cites the Supreme Court's observations emphasizing that a child, especially of tender years, requires the love, affection, company, and protection of both parents and held:

“We are of the view that the minor child needs the love, affection, company and protection of both parents, which is his basic human right. Parental conflics should not deprive the child of care from either parent.”

The case arose from an appeal filed by Shaik Aslam Latheef, challenging a lower court's order that had dismissed his petition for guardianship and custody of his 7-year-old son, Ayaan Latheef. In the High Court, the father sought visitation rights and interim custody during school holidays. The mother, Madanapalli Shafia Mariyam, who had remarried and was living abroad, opposed these requests through her counsel.

The father's counsel argued that the mother's remarriage and relocation abroad, leaving the child in the care of his maternal grandfather, justified granting custody or at least visitation rights to the father. They also cited a previous agreement between the parties stating that the child would be handed over to the father upon the mother's remarriage. Conversely, the mother's counsel contended that the father's alleged extramarital affair and a past criminal case filed against him (which was later withdrawn) were grounds to deny him visitation rights. They argued that the father had not made efforts to reunite with the family since their separation in 2018.

After careful consideration of both arguments, the court granted visitation rights to the father.

The order, stated: "We do not find any extreme circumstances to deny the visitation and contact rights to the petitioner-father with his minor son."

Thus, the appeal was allowed, permitting the father to meet the child once a week for two hours and have daily phone conversations, ensuring that the child maintains a meaningful relationship with both parents.

Shaik Aslam Latheef vs. Madanapalli Shafia Mariyam

CIVIL MISCELLANEOUS APPEAL NO: 453/2023

Counsel for petitioner: SIVAPRASAD REDDY VENATI

Counsel for respondent: AYESHA AZMA S