Petition under Section 25 of the Guardians and Wards Act, 1890
Welfare of the child is of paramount importance while deciding cases of child custody . When the a ward is not in custody of the guardian , the court weighs various grounds before deciding whether the ward should be given back to the guardian considering the welfare of the child will be justified . Either of the party if dissatisfied with the order of the Family court may approach the High Court in appeal against the Order of the Family court. A petition under S.25 Guardians and Wards Act is a first step towards informing the court of your grievances.
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Against order of impugned judgment passed by Family court one has the option of preferring an Appeal under Section 47 of the Guardians and Wards Act, 1890
The financial status of either party is not the sole determining factor when considering the issue of custody though it may be relevant as has been held in the case of Dhanwanti Joshi v. Madhav Unde (1998) 1 SCC 112 and reiterated in Smriti Madan Kansagra v.Perry Kansagra 2020 SCC OnLine Del 1414.
Visitation Rights
Usually visitation rights are granted to either spouse who does not have custody of the child. Only in extreme cases where it appears that visitation rights should be denied in such cases court disallows but that’s very rare.
Very notable judgment of Yashita Sahu v. State of Rajasthan (2020) 3 SCC 67, the Hon’ble Apex Court observed that the child, especially of tender age, requires love, affection, company and protection of both the parents, he is not an inanimate object which can be tossed from one parent to the other. The Court must weigh each and every circumstance very carefully before deciding the manner in which the custody should be shared between the parents. This is to ensure that the child does not lose social, physical and psychological contact with either of the parents. It is only in extreme circumstances that even the visitation rights may be denied.
Conclusion
In case of custody of the ward it is always seen that the welfare of child is of paramount importance . Company of both parents are essential for love and affection of the child. A child grows well in a healthy environment and therefore irrespective of whether is it the mother or father , the essential condition is welfare of the child , the other spouse is not denied visitation rights unless its an extreme case.
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