BOTH THE PARENTS SHOULD BE ALLOWED ACCESS TO THE CHILD AFTER DIVORCE - KARNATAKA HC

Recently, the Karnataka High Court granted a mother custody of her child despite orders of a Canadian court that granted custody to the father.

A Division Bench of Justices Alok Aradhe and S Vishwajith Shetty, however, granted the father visitation rights. The bench further held that "The parent who is refused the custody of the child should have access to the child. The parents are obligated to provide for an environment that is well conducive to the development of the child. It is in the best interest of the child to have care of both parents if not joint at least separate."

In the present case, a father filed a writ petition before the HC seeking the production of his 10-year-old daughter. He also sought to allow him to take the daughter with him to Canada.

In 2017, the respondent-mother filed a divorce petition in Canada. The Canadian court allowed the mother to have temporary access to the child. Further, in 2018, the court along with the father's consent allowed the mother and the child to travel to India. The mother was supposed to come back within two months. However, the mother filed a complaint under provisions of the Dowry Prohibition Act. Thereafter, the petitioner informed the Canadian court about the events in India.

In view of the same, in 2018, the superior court of Canada granted custody to the father and directed the mother to send the child immediately to Canada to the father.