Bombay HC Grants Weekend Custody to Father, Emphasizing Both Parent Involvement for Child’s Development

The Bombay High Court at Goa, recognizing the significance of a child’s relationship with both parents, granted visitation rights to the father of a 3-year-old. The court allowed visitation on Tuesdays, Wednesdays, and Thursdays from 12:30 pm to 7:00 pm, with overnight access on weekends from Friday at 12:30 pm to Sunday at 1:00 pm.

Justice Prakash D. Naik, in response to separate Writ Petitions from the father and mother disputing a Family Court decision, modified the visitation schedule. The father sought additional weekend overnight access, emphasizing the importance of the child acclimatizing to his home. The mother contested the order, claiming the father was unfit and provided inadequate care, citing injuries and illnesses during his custody.

The father argued for meaningful involvement in the child’s upbringing, refuting claims of unfitness. The mother contended that the child’s settled routine and breastfeeding needs made weekend custody inconvenient. The court, acknowledging the child’s need for love from both parents, emphasized the father’s capacity for 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”.