Child’s age should be the major consideration for the Court while granting the custody of child

Bombay High Court: In the present case concerning the custody of child, V.L. Achliya J. held that, while granting custody of child the Court should consider the age of the child and render decision which is best suited for his/her well being. The Court further observed that it is not desirable to give overnight access to custody of child when a workable mutual agreement regarding access to custody of child is already in effect between the parties.

In the present case husband (respondent) was granted overnight access to custody of his daughter aged about 3 and a half years for ten days during Diwali holidays by the family court. This was done in lieu of the application filed by the respondent seeking overnight access to custody of child for ten days during Diwali holidays. Following this, a notice was issued to petitioner. Petitioner in response opposed the application and challenged it before this Court. Preceding the Family Court order, there was a mutual agreement operating between husband and wife (petitioner) according to which respondent was allowed interim access to the custody of child thrice i.e. on three different Sundays in a month.

The Court stated that there is no rationale behind granting overnight access to custody of child to the respondent, considering the fact that the age of child is barely 3 and a half years. The Court therefore passed an ad interim order saying that the consensual agreement between the parties permitting the interim access to custody of child shall remain in force.[Komal Sanghvi v. Falgesh Sanghvi, 2015 SCC OnLine Bom 5833, decided on 09-11.2015]

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