HC Rejected Argument Of Woman That Husband Should Not Be Given Visitation Rights

After her husband abandoned her in her second marriage, she never came to see her minor daughter. The High Court rejected the wife's contention that such persons should not be given the right to visit their daughter. Also, the High Court upheld the order passed by the family court allowing the father to visit the daughter. A division bench headed by Justices Alok Aradhe and Vijayakumar A Patil heard an appeal filed by a woman seeking cancellation of the Family Court order of Dakshina Kannada district. The husband, after divorcing his first wife, is married for the second time. A divorced husband's second wife has one child. Her son is also dependent on her estranged husband. Granting the visitation rights of the appellant's minor daughter to the divorced husband would affect the healthy health of the child. Considering this apprehension, the court awarded permanent custody of the minor daughter to the mother and only visitation rights to the father, the court said. The appellant and the respondent estranged husband were married on 14th November, 2001. A son was born to them on June 18, 2002 and a daughter on August 8, 2007. After a few years, the relationship between the couple deteriorated. The wife had sought divorce on the grounds of cruelty. The trial court of Dakshina Kannada granted divorce to the couple on November 23, 2010.