Allahabad: The Allahabad High Court has held that every child has a right to be in the care and company of both parents who together are his world, and in cases of estranged couples, if one parent is given custody of the child, then the other must be given visitation rights.
Justice JJ Munir passed the order on Tuesday on a writ petition filed by Meenakshi seeking custody of her four-year-old son who was allegedly forcefully taken away by her husband.
The court observed that issues related to custody of a child can’t only be decided on monetary factors, rather factors like intellectual guidance and moral training by parents, which are important facets of a child’s grooming, must also be considered.
According to the petitioner, she and her husband, Ram Narayan were married on April 20, 2014 and on September 20, 2016 their son was born. As her husband used to torture her for dowry, in June 2018, she returned to her mother’s house with her son.
Petitioner’s contention was that on April 6, 2019 her husband forcefully took away the child from her. Therefore, she filed a petition for custody of the child.
The father’s contention was that he is a farmer and earns around Rs 1.5 lakh per annum but his wife has no personal source of income and is fully dependent on earnings from her ancestral agricultural land.
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