HYDERABAD: A division bench of Telangana High Court has made it clear that the father’s visitation rights and temporary custody of his children cannot be precluded on flimsy grounds such as that the father was an alcoholic and lives alone and the kids have fallen ill in his custody as he was in service and cannot take proper care.
“The father has got the right to have the company of his children as that of the mother. In fact, the child needs to have the company of both the parents”, the bench noted. The bench comprising Justice Raghvendra Singh Chauhan and Justice T Amarnath Goud was dealing with an appeal filed by a mother against the order of Khammam district family court which ordered for giving custody of her two kids to the father during the entire school vacation.
As for the case, Srinivas and Kalpana have two minor children out of wedlock. The couple got separated due to differences. The Khammam family court, in its verdict, said that the permanent custody of the two children was given to the mother and the interim custody was given to father during school holidays and vacations.
Aggrieved with this order, the mother moved the High Court with a plea to give limited visitation rights to the father rather than entire school holidays and vacations. When the matter came up for hearing, the bench refused to consider the plea of the mother saying that the father has equal rights to enjoy the company of his kids.