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In this case of Yashita Sahu vs. State of Rajasthan and ors SC recognised the need of parents to meet their child more oftenly as they don't have a custody and the other partner has it. It was observed by the court that child in his growing age really deserves and expects the support of his parents . And it is completely his right to have his parents by his side . Though they have a bitter relationship and hard times but the effect of that should not hamper the growth and should not deprive a child from his childhood.
Court also mentioned that there may be times when the relationship between the parents are very harsh and separation has already been there , in such cases too the child should not be deprived of his human right to get love and affection of his parents . Parent not having the custody should be given 5-10 minutes to talk to his child daily , the court suggested. Court also mentioned about the visitation rights and contacts rights of a parent should be taken into consideration while giving the custody of a child to any of the parents. It is of the utmost important that child don't get denied of the love and affection of his both parents.
Supreme Court further explained that any court giving any verdict over such issue must take into consideration the nature and consequences of the visiting rights of the parents. There may be extraordinary situations where the other parent should not be allowed to meet the parent but those exceptions shall prevail in cases where the facts suggests the same.
Court also held that the writ of habeus corpus ,i.e to present the body- will be considered maintainable in the cases of custody. As the child is not any object or animated character that can be made suffer in every circumstances no matter whatever his parents are going through.
Court also mentioned that the law in this regard has already developed in from time by time but it can be considered thoroughly by the court in different circumstances for the interest of child.
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