AIR 2015 KERALA 21 ::(2015) 1 Ker LT 387 ::(2014) 4 Ker LJ 567 ::(2015) 149 AllIndCas 359 (KER)

Kerala High Court

Hon'ble Judge(s): V. K. Mohanan, Alexander Thomas , JJ

Guardians and Wards Act (8 of 1890) , S.7— Custody of minor son - Limited visitation rights to father - Grant of - Welfare of child demands love and affection not only of mother but also care and love of father - Merely because Muslim personal law gives custody of minor son until he completes age of seven years in favour of mother, that does not deny father access to child - Grant of limited visitation rights to father, proper. Muslim Law - Custody of minor child The welfare of the child demands that he should get not only the love and affection of the mother but also that he should have the opportunity to meet and interact with his father during limited periods of holidays so that he also enjoys the care and love of the father. Otherwise, the growth of the child, might not get a well balanced and harmonious exposure to the love and care of both his father and mother. Merely because the personal law gives custody of the minor son until he completes the age of 7 years in favour of the mother, does not lead to a situation of complete obliteration of the necessity of the child to get interaction of exposure with his father and it cannot be interpreted that the provision of the Mohammedan Law should be hyper technically interpreted and enforced leading to a situation whereby it is in derogation and flagrant violation of the aspect, which demands ....