By Astha Bhumish Shah 

The High Court of Andhra Pradesh has emphasized the critical importance of a child’s right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. It held that even when custody is awarded to one parent, the other parent should be granted sufficient visitation rights to ensure the child maintains contact with both parents, and thus granted visitation rights to a father in custody dispute. The present case arose from appeal filed by a father of a 7-year-old daughter challenging a lower Court’s order that had dismissed his petition for guardianship and custody of his daughter. In the High Court, he sought visitation rights and interim custody during school holidays. It was argued that the mother’s remarriage and relocation abroad, leaving the child in the care of his maternal grandfather, justified granting custody or at least visitation rights to the father. Further, a previous agreement between the parties was relied upon which stated that the child would be handed over to the father upon the mother’s remarriage. However, the mother had alleged that the father had engaged in an extramarital affair had a past criminal case criminal case filed against him and hence should be denied visitation rights.  

After careful consideration of both arguments, the Court granted visitation rights to the father. It relied on the Supreme Court’s observations that a child, especially of tender years, requires the love, affection, company, and protection of both parents. The father was thus permitted to meet the child for once a week for two hours, have daily phone conversations, ensuring that the child maintains a meaningful relationship with both parents. (Shaik Aslam Latheef vs. Madanapalli Shafia Mariyam – CIVIL MISCELLANEOUS APPEAL NO: 453/2023) 

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