Custody of minors --- Visitation schedule --- Modification of earlier visitation schedule chalked out by the Guardian Court --- Mother contracting second marriage -

2023 CLC 2110

 Custody of minors --- Visitation schedule --- Modification of earlier visitation schedule chalked out by the Guardian Court --- Mother contracting second marriage --- Over night stay of minor with non - custodial parent , importance of --- Perusal of the visitation schedule revealed that the Trial Court had granted fortnightly overnight stay of the minor with the petitioner / father being non - custodial parent which had been converted by the Appellate Court into day stay in the Court premises --- Similarly , the trial Court had granted overnight stay on the second day of both Eid - ul - Fitr and Eid - ul - Azha which had also been converted into second day stay on both Eids --- Per Trial Court , the fortnightly overnight stay of the minor would continue during summer and winter vacations till the minor turned 7 years of age whereafter subject to the pleasure of the minor , the same would extend to 03 days - On the other hand , as per the Appellate Court , the minor would stay first two days of winter holidays with the father and first 7 days with the father during summer vacations --- Admittedly , the mother had remarried having a child from the second marriage whereas the father was still unmarried --- Similarly , the minor was residing with the maternal grandparents and maternal uncle , which fact had been asserted by the petitioners side and same had not been denied by the respondents --- Most crucial aspect of the case was that the minor was residing without the supervision and control of both the parents under the custody of the maternal grandparents and maternal uncle --- In the absence of overnight stay with the father ( petitioner ) , it could have an extremely detrimental impact on the well - being and welfare of the minor as he would lead his life without both the parents which aspect had been overlooked by the Appellate Court --- Since the mother had contracted second marriage and left the minor behind with her father and brother , therefore , the plea of the petitioner ( father ) being non - custodial parent , to have more access to the minor was not only tenable but also in the interest and welfare of the minor --- Denial of overnight stay with the father in such like situation was likely to result in social estrangement of the minor and it was also unjustified to deprive the petitioner of overnight stay of his son particularly when the minor was not even residing with the mother / custodial parent --- Case of the petitioner ( father ) in the present case was on better footing as the minor was not residing with the mother rather with his maternal grand - parents and maternal uncle --- Said fact made it imperative that the petitioner ( father ) being non custodial parent who had already relinquished his right to custody as a good - will gesture got more time to spend with his son in order to develop fatherly bond and intimacy.