Depriving children of the love of both the parents could leave a permanent scar on their mind, a Delhi court has observed while allowing a man, accused in a domestic violence case lodged by his wife, to meet his kids twice a month.
The court allowed the appeal of the man, who was denied interim custody of his 12-year-old son and nine-year-old daughter after they refused to live with him, saying they were not mature enough to decide whom to live with.
"They (children) are of a very tender age. They are not mature enough to form their own intelligent preference. In such a situation, if they are deprived of love and affection of both the parents, it will leave a permanent scar on their minds.
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"In my view, the children require the love and affection of their father and it will be appropriate that in their growing years they do get that love and affection," Additional Sessions Judge Sanjiv Jain said.
The court allowed him to meet his children, who are in the custody of their mother, twice a month.
"I am also of the opinion that visitation is imperative for the well-being of the children at this stage so that they are not deprived of the love and affection of both the parents," the judge said.
In his appeal, the man only sought visiting rights and did not press for custody of the children.
The court noted that during the proceedings, the kids were interviewed before it. Though initially they did not speak to their father, but eventually they opened up.
In the domestic violence case lodged by the wife, it has been alleged that she got married to the accused in 2002 and had been living separately since 2015 after she was thrown out of the matrimonial home.
The woman had won the custody of her children on March 27 this year to keep them away from their father after claiming that the kids,especiallythegirl, had witnessedthe"cruel and torturous acts" oftheir father.
The court, however, allowed the man to meet his children as he wished to keep in touch so that they do not forget him.
"Keeping in mind the paramount interest and welfare of the children, to cut short the litigation, to ensure that the children get love and affection of the both the parents ... and the practicability of the matter, I allow the appellant (man) to have visitation with both the minor children on second and fourth Sunday of every month," the judge said.
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