Bombay HC: Child wishes to consider in case of custody only not for visitation

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Bombay HC: Child wishes to consider in case of custody only not for visitation

Sandip Shankarlal Kedia
Vs.
Pooja Kedia

WRIT PETITION NO. 2636 OF 2013 Bombay High Court

It may be mentioned that it is only for the grant of custody of the children under Section 26 of the HMA that the wishes of the child, wherever possible, would be relied upon.   Such is not  the
legal position with regard to the access to the child or the visitation rights (as usually understood) (misunderstood) which are granted in the interest and for the benefit of the child to have the love and Care of both parents.

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Comment(s): 1:

  • on 26 January, 2014 02:37:29 AM
    Could somebody help me understand "custody" ? does it also include overnight visitation / taking child out for a 4-5 day holiday or does it apply to only primary care-giver ?