The Karnataka High Court refused to set aside the visitation rights of a father. Minor daughter’s mother had objected to the rights stating that the father had married twice since the divorce. And that his second wife has a son from her previous marriage and that the elder brother of the minor daughter is with her ex-husband only. The mother contended that visitation rights will adversely affect the minor daughter’s health and well-being.
However, the court held that all these contentions of the mother have been very well taken by the family court. The family court has already vested permanent custody of the minor daughter with the mother to allay her fears.
The family court had decided that the father cannot be the natural guardian of the minor daughter. For a female child, courts vest the custody of the child with the mother in the larger interest of the child. The mother is the natural guardian of the girl child. But, for a child to flourish, love, affection, and care of a father is also required. Hence, he was given visitation rights and also allowed to take the child on her vacations.
The mother, on the contrary, contended that the father had not visited the daughter even once. He has also not shared the school fee and other living expenses of the minor daughter. Also, she said that since the minor daughter goes to school, so doesn’t have time to meet her father. She also added that the wish of the minor daughter was not taken into consideration if she wish to meet her father or not.
On this, the high court stated that the family court has already directed the family court to be very cautious of the safety of the girl child during the stay and that the kid should be with him entirely during the visit. The court further added that the elder brother of the child will be with her during the visits and her father will bear her school fees and other such expenses incurred on her.
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