It is well-settled law by a catena of judgments that while deciding matters of custody of a child, the primary and paramount consideration is the welfare of the child. A child, especially a child of tender years requires love, affection, company, protection of both parents. This is not only the requirement of the child but is his/her basic human right. Even if the custody is given to one parent, the other parent must have sufficient visitation rights to ensure that the child keeps in touch with other parent and does not lose social, physical, and psychological contact with ay one of the two parents.
In addition to “visitation Rights”, “contact rights” are also important for the development of the child especially in cases where both the parents live in different states or countries. The concept of contact rights in the modern age would be contacted by telephone, e-mail or in fact, we feel the best system of contact, if available, between the parties should be video calling.
(2020) 3 SCC 67- Yashita Sahu V. State of Rajasthan And others