Welfare of Minor Child Takes Precedence in Visitation Arrangement Modification
In a significant ruling, the Delhi High Court has upheld the Family Court's decision to modify the visitation rights of Jagmeet Chopra, the father in a contentious child custody case. The court emphasized that the welfare of the minor child is the paramount consideration in such matters, thereby justifying a reduction in the frequency of physical visits due to incidents impacting the child's well-being.
The case arose from a dispute between Jagmeet Chopra and Basant Sawhney over the custody and visitation rights of their minor daughter. The Family Court had previously established a structured visitation schedule, which allowed the father frequent contact with the child. However, following several incidents, including alleged altercations and disturbances at the shared household, the Family Court revised the schedule.
Under the modified arrangement, Jagmeet Chopra is permitted to meet his daughter only on the 2nd and 4th Saturdays of each month at Ambience Mall, Vasant Kunj, Delhi, for one hour. Additionally, video calls are allowed on the 1st and 3rd Fridays of each month for 20 minutes. This modification was made in light of concerns over the child's safety and emotional security, which were reportedly compromised by the father's alleged conduct.
The Delhi High Court, comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar, found no fault in the Family Court's exercise of discretion. The High Court noted that the evidence presented, including FIRs and protection orders under the Protection of Women from Domestic Violence Act, 2005, justified the protective rather than restrictive modification of visitation rights.
Both parents have been urged to act with maturity and sensitivity to foster a positive environment for their daughter. The court also suggested the possibility of counseling or mediation to assist in developing a harmonious co-parenting framework.
The appellate court's decision underscores the judiciary's commitment to prioritizing the welfare of children in custody disputes, ensuring their emotional and physical well-being remain safeguarded amidst parental conflicts.
Bottom Line:
Family Law - Visitation rights - Welfare of the minor child is the paramount consideration in matters concerning custody and visitation - Interim visitation arrangements must prioritize child's safety, emotional well-being, and developmental needs, while facilitating meaningful parental contact.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005
Jagmeet Chopra v. Basant Sawhney, (Delhi)(DB) : Law Finder Doc Id # 2835227
