New Delhi, Sep 2 (PTI) Every child has a right to the affection of both parents and even if they live apart or in different countries, it is important for the child to maintain a relationship with them, the Supreme Court said on Tuesday.
A bench of Justices Vikram Nath and Sandeep Mehta, while allowing a plea filed by a man seeking video interaction with his nine-year-old son who was living in Ireland with his mother, said denying such contact would deprive the child of the love, guidance and emotional support of the father.
The apex court noted that at present, the child is living with his mother in Ireland and seems to be settled there. Noting that the conduct of both parents has not been ideal, the top court said their personal differences have grown into a long and bitter conflict but the court cannot allow the child to become a casualty of this conflict.
The bench said it would not be in his interest to disturb that arrangement at this stage.
"The father has also limited his request before us as he is not asking for custody, but only for the chance to interact with his son regularly through video-conferencing. We find this request to be both fair and necessary.
"Every child has a right to the affection of both parents. Even if parents live apart or in different countries, it is important for the child to maintain a relationship with both of them. Denying such contact would deprive the child of the love, guidance, and emotional support of the father.
"We are therefore of the view that the appellant’s request for video interaction is reasonable. It balances the reality of the child’s present living situation with the need to ensure that the father remains a part of the child’s life," the bench said.
Issuing a slew of directions, the top court said the man shall be entitled to interact with his son through video-conferencing for two hours on every alternate Sunday from 10 am to 12 noon (Ireland time).
"Both parties shall cooperate to ensure that the arrangement is carried out smoothly, in good faith, without obstruction or hostility.
"Any technical or logistical difficulties in arranging the video sessions shall be resolved mutually, keeping in mind that the interest of the child is paramount," it said. PTI PKS RT