Shivani Thakur
Published on: June 8, 2022, at 19:17 IST
The Supreme Court’s Vacation Bench of Justices M R Shah and Aniruddha Bose established a balance between the law and the feelings of a filial tie, deciding to recognize a putative father’s right to visit his offspring.
Even though the Hindu Minority and Guardianship Act (HMGA) gives sole custody of an illegitimate child to the mother, the Bench upheld a Delhi High Court decision setting a timetable for the man to meet his 3-year old child.
The weekday visitation, however, was limited to a Defense Colony flat, which was a level above the mother’s home and where the man had previously slept, according to Justice Kohli.
He should be able to transport the child there during the regular meeting hours because he has relocated, according to the lawyer.
The Court disagreed, saying he may meet the child at the Defense colony flat as long as the mother lived there.
It further stated that when the guy meets the child, neither the putative father nor the mother should create any unfavourable situation.
The mother contended that when a child is born out of wedlock, the mother’s maternity is proven, but paternity is ambiguous, and the mother is given priority over the father in such circumstances.