SUGIRTHA VERSUS GOWTHAM (Supreme Court)

The father being the natural guardian cannot be denied of the care and custody of the child and his agony of missing his child’s childhood cannot be prolonged. However, the same cannot override the interest of the child. The allegations pertaining to the history of domestic violence and threat to life cannot be gone into at the stage of deciding interim visitation rights. These are serious allegations which require careful consideration, both on facts and evidence.

The child has effectively been in the care of the father for approximately two months only, as the parents started living separately shortly after her birth. But this does not compromise the father’s
rights as a father to visit and enjoy the company of his daughter. The matrimonial disputes and
grave allegations between parents should not be an impediment to a child’s right to have care,
company, and affection of both the parents. It is evident from multiple failed attempts at
mediation that the parties are not inclined to reconcile. While no guardianship or custody
petition has been preferred by the father, the visitation rights of the father, as prayed in
the application, require a careful and empathetic consideration during the pendency
of the divorce proceedings.

In all of this, the interest of the minor child is paramount. In the process of adjudicating upon
the rights of the parents, her health cannot be compromised. Further, while the father has the right to visit the child, it cannot be at the cost of the child’s health and wellbeing.