ABHIJIT S. SHINGOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of learned Advocates for the respective parties, heard finally.

(2.) This is a Writ Petition under Article 226 of the Constitution of India. Since the Petition is concerning a girl child aged about 7 years as of date; to respect her anonymity, we deem it appropriate to refer her as Miss 'R' for the purpose of our decision.

(3.) In the case of Smriti Madan Kansagra vs. Perry Kansagra, 2017 SCC OnLine Del 7007, the High Court of Delhi has observed that, " The issue of custody, including interim custody and visitation rights of the parents to a child becomes a source of continuous litigation when the litigating couple adopts hard postures. Often the innocent children are used as tools of vengeance by vindictive litigants who inflict severe emotional and psychological abuse on the child thereby seriously affecting the child in his/her later part of life. We have been noticing that in family disputes, litigants often made false and vindictive allegations against each other, wasting and consuming enormous Court's time. Depriving a child the love and affection of both parents is not in the interest of the child. The custodial parent who tries to alienate the child from the other parent does not realize the serious consequences caused in the later part of the child's life. It is the fundamental right of children to get love and affection from both parents. If efforts made by a Court to make the parties mutually agree upon a visitation schedule and interim custody period fail, the Court has to step in and pass suitable orders in the best interest of the child. "3.1) With this as preface, we proceed to note the averments of Petitioner ('the husband', for short) and contentions of Respondent No.3 ('the wife', for short), as the contest between two is not an exception to that.