VIKAS AGARWAL Vs. GEETI MATHUR

JUDGEMENT

(1.) Confronted with the claim of a parent to have either custody or visitation rights to a child born to the couple, one must proceed on a presumption that it is in the best interest of the child for the two parents to equally share parental responsibility of the child, while determining the best interest of the child.

(2.) The primary considerations would be : (a) ensuring benefit to the child of having to spend significant time with both parents to develop a meaningful relationship; and when there are grandparents, uncles, aunties, cousins etc., overnight access so that the child gets love and affection from the extended family; (b) ensuring the need to protect the child from psychological harm.

(3.) The number of divorce cases across all sections of the society are on the increase resulting in rise of bitter child custody battles. Often the innocent children are used as tools of vengeance by vindictive litigants. A perusal of Art. 39 (e) & (f) of the Constitution of India would guide that of the various fundamental rights of a child, one valuable right is to get love and affection from both parents, right to quality of life, right to be cared and the right to develop a sense of belonging.