Father Who Had Not Contacted Twins For Over 5 Years Gets Weekend Visits, Not Permanent Custody: Karnataka HC

The appellant-father sought permanent custody of the parties’ twin children under Section 25 of the Guardians and Wards Act, 1890.

The respondent-mother opposed the petition, alleging that the appellant had contracted another marriage and had failed to pay court-ordered maintenance.

The Family Court dismissed the petition.

On appeal under Section 47 of the Act, the High Court considered the appellant’s request for custody and the respondent’s opposition

The appellant admitted that he had not made efforts to learn which school or class the children were in, had not established contact with them for more than five years, and had produced no material showing that he had contributed to their maintenance or education

The Court considered Section 25 of the Guardians and Wards Act, 1890, under which the father had sought custody, and Section 47, under which the appeal was brought

The Court’s reasoning treated the children’s welfare and care, together with the evidence of each parent’s involvement, as relevant to custody.

It also recognised that the children were entitled to the love and affection of both parents

The appellant’s employment and ability to meet the children’s expenses did not, by themselves, establish that transferring custody would serve their interests.

His prolonged lack of contact, failure to ascertain the children’s school and class, and absence of evidence that he had supported their maintenance or education undermined his claim for permanent custody

However, the Court considered that the children should have an opportunity to share their father’s love and affection, and therefore granted visitation rather than permanent custody

The Court declined to grant the father permanent custody but modified the Family Court’s order to give him visitation rights on Saturdays and Sundays from 10:00 a.m. to 5:00 p.m.

The mother was directed to permit him to take the children out during those hours and to return them to her in the evening