LAWS(SC)-2025-1-95

RUHI AGRAWAL Vs. NIMISH S. AGRAWAL

Decided On January 22, 2025
Ruhi Agrawal Appellant
V/S
Nimish S. Agrawal Respondents

JUDGEMENT

(1.) This petition arises from an order of the Chhattisgarh High Court, dated, 11/5/2022, granting certain, specified visitation rights to the respondent - father in his appeal against dismissal of his petition seeking custody of the child before the Family Court, Durg.

(2.) Petitioner no.1 and respondent were married on 16/1/2007 and out of this wedlock, petitioner no. 2 - daughter was born on 12/1/2012. The primary subject of contention is the custody and welfare of their minor child, aged about thirteen years. During the separation between the parties since 2016, the child has resided with the petitioner no. 1, who has been the primary caregiver and custodian. The petitioner no. 1 claims to have provided a stable, nurturing environment conducive to the child's emotional, educational, and overall well-being. On the other hand, the respondent has consistently maintained that he has the intention and willingness to actively contributed to the child's upbringing and seeks a greater role in shaping the child's life.

(3.) The Family Court granted sole custody of the child to petitioner no. 1 and the respondent was awarded limited visitation rights -restricted to one and a half hours on the first Sunday of every month and certain holidays.