1. Many times court refuses to grant visitation rights in CRPC 125 citing that it does not have any section in it for vistitation. This judgment clearly says in para 17 that “If welfare of the child so demands then technical objections cannot come in the way.” 2. In paragraph 19 Hon’ble court have said “A child, especially a child of tender years requires the love, affection, company, protection of both parents. This is not only the requirement of the child but is is/her basic human right. Even if the custody is given to one parent the other parent must have sufficient visitation rights to ensure that the child keeps in touch with the other parent and does not lose social, physical and psychological contact with any one of the two parents.” 3. In paragraph 22, court stated “In addition to ‘Visitation Rights’, ‘Contact rights’ are also important for development of the child specially in cases where both parents live in different states or countries. The concept of contact rights in the modern age would be contact by telephone, email or in fact, we feel the best system of contact, if available between the parties should be video calling.”
Yashita Sahu Versus State of Rajasthan & others. CRIMINAL APPEAL NO. 127 OF 20 Jan 2020
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- Post published:December 11, 2021
- Post category:Custody
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- Post last modified:December 29, 2021
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