Every child has right to affection of both parents: SC

DIstances should non be a reason out to forbid children from maintaining relationships with parents, the sublime margaret court has said, granting a father visitation access to his son in Ireland through video conferencing for two days monthly.The court underlined that the child should not become a casualty of the conflict between his parents. It added the child’s welfare and creating an atmosphere where he feels secure, loved, and cared for matters most. “Every child has a right to the affection of both parents. Even if parents live apart or in different countries, it is important for the child to maintain a relationship with both. Denying such contact would deprive the child of the love, guidance, and emotional support of the father,” said a bench of justices Vikram Nath and Sandeep Mehta on Tuesday.The father moved the Supreme Court seeking custody of his nine-year-old son, staying with his mother in Ireland, after the Punjab and Haryana high court denied it on October 4, 2024. He later dropped his claim for custody and limited his arguments for securing visitation rights.The high court dismissed the father’s plea for breaching a family court order by taking the child outside Haryana’s Rohtak. The high court noted the child had been living with his mother in Ireland since August 2017. It added that there was no material to show that she was incapable of caring for the child.The Supreme Court called the father’s request fair and necessary. “We are of the view that the appellant’s request for video interaction is reasonable. It balances the reality of the child’s present living situation with the need to ensure that the father remains a part of the child’s life.”The court considered the child’s interest as it was informed that he is settled in Ireland. “It would not be in his interest to disturb that arrangement at this stage.”The court said the father shall be entitled to interact with his son through video-conferencing for two hours on every alternate Sunday from 10am to 12 noon (Ireland time).The child’s mother filed for divorce under the Hindu Marriage Act in 2017, a year after he was born. A family court in Rohtak permitted the father to meet the child twice a month at his school. The couple later jointly filed for divorce by mutual consent. This compromise fell through, and the mutual consent petition was withdrawn.The Supreme Court said the conduct of parents has not been ideal. “The court cannot allow the child to become a casualty of this long and bitter conflict.” It reminded the couple of the sensitivity attached to the case as it concerns the future of a child. “When such disputes arise, the central question is not who is right or wrong as between the parents, but what arrangement will best serve the child. The emotional, mental, and physical well-being of the child must always come first.”