‘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 (appellant) to meet his children. In the initial order dated 14.07.2022, the Family Court had observed that the father can meet the child in the Meditation Centre situated at concerned District Court premises.

Subsequently, another application was filed, wherein, it was prayed that the grandfather of the children, who is of ripened age of about 80 years, may also be allowed to meet the grandchildren. The said application was, however, dismissed. Against such orders, an appeal was filed by the appellant.

Court’s Observations

At the outset, the Court observed that no straight-jacket formula can be followed in custody battles. 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.

“It is only in extreme circumstances that one parent should be denied contact with the child, therefore, the welfare would the paramount consideration for the child. The parents may be at loggerheads and may clamp allegation on each other but that factor qua the welfare is to be tested before the Court,” it was further observed.

As far as visitation right of grandfather was concerned, the Court was of the view that grandparents play a very vital role in upbringing of children. Their contributions are important in ensuring welfare of the children and the same cannot be ignored, it held further.

“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.

The Court further expressed its disapproval for the lower Court order which allowed the father to meet his children inside the Court premises and said that the atmosphere of Court is neither conducive nor in the best interest of children.

“…we grant the visitation rights to the father at an independent venue and the grand father of the children shall also be allowed to accompany the father. The arrangements are being made in order to draw a balance to ensure the situation since the parents are in conflict and the child develops a sense of security,” the Court observed.

Accordingly, the appeal was disposed of.

Case Title: Syed Irshad Ahmed Zaid v. Shazia Anjum

Case No: FA (MAT) No. 123 of 2023

Citation: 2023 LiveLaw (Chh) 30

Date of Judgment: October 11, 2023

Counsel for the Appellant: Mr. Kshitij Sharma, Advocate

Counsel for the Respondent: Mr. Abhishek Sharma, Advocate

Click Here To Read/Download Order