In a recent ruling, the Bombay High Court has granted visitation rights to a father amidst a contentious child custody battle, highlighting the delicate balance between parental rights and the welfare of the child.
The decision came following a habeas corpus petition filed by the man, whose identity remains undisclosed, seeking access to his two-month-old child. The court, comprising Justice AS Gadkari and Justice Shyam Chandak, delved into the intricacies of the case, revealing a tumultuous legal saga marred by attempts to manipulate documents and flee the country.
The couple, married under Muslim personal laws in India, found themselves embroiled in a dispute that escalated to legal proportions. Despite the court’s attempts at reconciliation, the rift remained unresolved, prompting the husband to file a complaint against his wife and her mother.
The Magistrate Court of Andheri granted bail to the accused duo on January 1, 2024. However, the situation took a drastic turn when it was discovered that while on bail, the woman and her mother allegedly tampered with documents in an apparent bid to flee to Uzbekistan using an Emergency Travel Document.
Subsequently, another First Information Report (FIR) was lodged against them, further complicating the legal landscape. With investigations underway in both FIRs, the court intervened to safeguard the rights of the child, who was present during all hearings.
Acknowledging the gravity of the situation, the bench deemed it necessary to grant the father visitation rights until the matter could be resolved through appropriate legal channels. Hence, the court ruled in favor of the father, permitting him to meet the infant every alternate day from 4pm to 5pm.