Case Note & Summary
The present appeal was filed by the father, Jenishbhai Jaikishanbhai Rathod, under Section 19 of the Family Courts Act, 1984, being aggrieved by the order dated 19th December 2024 passed by the learned Addl. Sessions Judge, Valsad in Civil Misc. Application No. 9 of 2024. By the said order, the learned Judge dismissed the application preferred by the appellant-father under Section 24 of the Guardians and Wards Act, 1890, praying for interim custody and visitation rights of his son, 'Rudra', aged 9 years. The appellant and respondent-wife, Khushbu Jenishbhai Rathod, had entered into a love marriage on 29th November 2012 at Surat. Since they belonged to different communities, initially they did not disclose their marriage to their families. On 29th May 2013, the respondent-wife was forced to leave her parents' home at Valsad and joined the appellant to perform marital obligations. Subsequently, the parents accepted their relationship and they again performed marriage rites on 6th June 2013. During their wedlock, they were blessed with a son, Rudra, on 3rd August 2014. The respondent-wife was employed at Dharampur, Valsad, and used to travel between Surat and Valsad, occasionally staying at her parents' home during weekends. The child was admitted to school in Surat on 3rd September 2016. Due to differences, the respondent-wife left the matrimonial home in 2018 and took the child with her. The appellant filed a guardianship application seeking custody. The trial court dismissed the interim application, leading to the present appeal. The court considered the welfare of the child as paramount and held that both parents have equal rights. The court granted the father visitation rights and interim custody on alternate weekends and during summer and winter vacations, pending final disposal of the guardianship proceedings.
Headnote
A) Guardianship - Interim Custody and Visitation Rights - Section 24 of Guardians and Wards Act, 1890 - Welfare of Child - The father appealed against dismissal of his application for interim custody and visitation rights of his son aged 9 years. The court held that the welfare of the child is paramount and both parents have equal rights. The father was granted visitation rights and interim custody on alternate weekends and during vacations, pending final disposal of the guardianship proceedings (Paras 1-14).
Issue of Consideration
Whether the father is entitled to interim custody and visitation rights of his minor son aged 9 years pending final adjudication of guardianship proceedings.
Final Decision
The appeal is allowed. The order dated 19th December 2024 passed by the learned Addl. Sessions Judge, Valsad in Civil Misc. Application No. 9 of 2024 is set aside. The father is granted visitation rights and interim custody of the minor son Rudra on alternate weekends from Saturday morning to Sunday evening, and during summer and winter vacations, pending final disposal of the guardianship proceedings.
Law Points
- Welfare of child is paramount
- Both parents have equal rights to custody
- Interim custody and visitation rights can be granted pending final determination
- Section 24 of Guardians and Wards Act
- 1890
- Section 19 of Family Courts Act
- 1984
