Acknowledging the vital role that both parents play in a child’s life, the Bombay High Court in Goa has granted visitation rights to the father of a 3-year-old. Under the revised schedule, the father is permitted visits on Tuesdays, Wednesdays, and Thursdays from 12:30 pm to 7:00 pm, along with overnight access on weekends starting from Friday at 12:30 pm and concluding on Sunday at 1:00 pm.
In response to separate Writ Petitions filed by the father and mother, each contesting a Family Court decision, Justice Prakash D. Naik modified the existing visitation arrangement. The father, seeking increased weekend overnight access, highlighted the importance of the child becoming accustomed to his home. The mother opposed the order, alleging the father’s unsuitability and insufficient care, pointing to injuries and illnesses occurring during his custody.
Defending his plea for active involvement in the child’s upbringing, the father refuted allegations of incompetence. The mother argued against weekend custody, citing the child’s established routine and breastfeeding requirements. The court, recognizing the child’s need for love and care from both parents, underscored the father’s demonstrated capacity for providing care and protection.
The Court further observed, “Both the parents are educated. It is expected that they would understand that ultimately the welfare of the child is important. Disharmony between the parents should not affect the child. The child should develop acquaintance with both the parents. The child needs father and mother. The child would grow. Various future aspects such as education, all round development of child is required to be noted for future prospect of child. Considering these circumstances, the visitation rights or weekend custody of the child cannot be denied to the father.”
Accordingly, the Judge directed, “Father will have overnight access of the minor child on week end. Father shall pick up the child from the school on Friday at 12.30 p.m and shall have overnight custody of the child till Saturday at 7.00p.m. If Friday is holiday, father shall pick up the child from residence of mother. This arrangement shall continue for a period of six months. Thereafter father will have overnight custody of the minor child on week end from Friday at 12.30p.m till Sunday at 1.00p.m. Father shall handover custody of the minor child to the mother on Sunday at 1.00p.m. at her residence. This order with regards to overnight custody will come into effect from 17.11.2023”.
