Child Custody and Visitation Rights: Supreme Court Ruling in Soumitra Kumar Nahar v. Parul Nahar
The case of Soumitra Kumar Nahar v. Parul Nahar revolves around a prolonged child custody battle between divorced parents. The Supreme Court examined whether the father should be granted custody or visitation rights and whether the welfare of the children was compromised due to the ongoing litigation.
The dispute arose after Soumitra Kumar Nahar and Parul Nahar separated following marital discord. They had two children, Sanjana and Shravan. The father filed a guardianship petition seeking custody, while the mother retained primary custody. The litigation spanned multiple years, with various courts intervening to determine visitation rights and the best interests of the children.
Arguments by the Petitioner
The father, Soumitra Kumar Nahar, argued that the mother was obstructing his visitation rights and preventing the children from meeting him. He contended:
“The rights of the child need to be respected as he/she is entitled to the love of both the parents. Even if there is a breakdown of marriage, it does not signify the end of parental responsibility.”
He sought custody or, alternatively, more structured visitation rights.
Arguments by the Respondent
The mother, Parul Nahar, argued that the children did not want to meet their father and that forcing them to do so would cause emotional distress. She stated:
“There is no female member in the father’s house to look after the growing daughter. The children should not be forced into visitation against their will.”
She further sought permission to withdraw from a previous settlement regarding custody.
Supreme Court’s Analysis
The Supreme Court acknowledged the difficulties in resolving custody disputes and emphasized the importance of child welfare. The Court observed:
“If the parents fail to enable themselves to decide their inter-se disputes, the Court, after due scrutiny of the records, reaches a conclusion that always remains a guesswork.”
Given the strained relationship between the parents, the Court ordered that both children be placed in a boarding school. It noted that keeping them away from the parental conflict would be in their best interest.
Final Verdict
The Supreme Court ruled that the children would stay in Sherwood College, Nainital, and that visitation rights would continue as per previous arrangements. The Court also granted liberty to either parent to file fresh guardianship petitions if they sought changes to custody or visitation.
Petitioner Name: Soumitra Kumar Nahar.Respondent Name: Parul Nahar.Judgment By: Justice A.M. Khanwilkar, Justice Ajay Rastogi.Place Of Incident: New Delhi.Judgment Date: 18-02-2020.
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