If either of the parents of a Child resides in different state or country and denied the custody of a child still have the right to visit the child every day for 5-10 minutes, not only visitation rights are important but the contractual rights are necessary or important too.
FACTS
Yahista Sahu and Varun Verma married on 30-05-2016 in India. Varun is resident of USA even before the solemnization of their marriage. After the marriage Yashita shifted to USA with her husband to live and next year, they had a baby girl named Kiyara. She is an American citizen. After few days, some disturbances begun in their relationship and they made allegations and counter attacks against each other. Later on, Yashita applied for an emergency protection order on 25-08-2018 to the Norfolk Juvenile and Domestic Relations District Court praying for her protection and ex-parte preliminary protection order was passed against Varun.
On 29-08-2018, she filed a petition in the same court seeking the sole custody of her child and also filed a petition for monetary support for her and the child. The Newyork court passed an order in form of agreements determining the obligation of the husband and wife and the joint legal custody of child and timings relating to meeting the child. Before the next hearing date in Newyork court, the wife along with the child left USA.
When the husband came to know that the wife and her child had left USA, he filed an motion before the Newyork court for emergency relief on 2-11-19 and the court on ex-parte and granted the sole custody of child to the husband and the court directed the wife to return to USA along with the child and also issued warrant against the wife for the violation of the order dated 26-09-2018.
Husband also filed a Writ petition of habeas corpus before the High Court of Rajasthan for the production of his minor child. They ordered the wife to return to USA along with the child within the period of six weeks. The husband was directed to make all the arrangements for wife and the child relating to stay and travel in the house of the husband, in case, wife is not willing to stay at husband house then he had to make arrangements for stay with her choice on reasonable costs. The wife was aggrieved and filed an appeal.
HELD
The Supreme Court disposed off the appeal and issued directions in the interest of child. The court can exercise the extraordinary writ jurisdiction, as the woman has the right to stay wherever she wants to stay. The court further states that a child specially a child of tender age requires the love, affection, care, company and the protection of both. A dispute between couple doesn’t mean that the child may suffer. It is not only the need but a right of a child to get proper care, love, affection, company and protection of the both the parent. If the custody is given to one parent then the other parent will be given sufficient visiting and contractual rights to ensure that the child keeps in touch with the other parent and does not lose social, physical and psychological contact with the other parent. Parent who denied the custody must be given 5-10 minutes visiting rights daily to talk to his/her child which helps in maintaining the bond between the child and the parent.