Vijayawada: The Andhra Pradesh High Court, in a recent judgement, has observed that love, affection, company and protection of both parents are the basic human right of a minor child. Observing that conflict between parents should not deprive the child of the care of either parent, the court decided the father's petition seeking directions on custody of his minor child by issuing interim orders and granting him visitation and contact rights. One Shaik Aslam Latheef of Kadapa town was referred to the High Court after his petition seeking custody of his seven-year-old son was rejected. Latheef is married to Madanapalli Shafia Mariyam of Kadiri town in Anantapur district, but they have been living separately since 2018. Their son, Ayaan Latheef, has been in Mariyam's custody since then. Latheef claimed that as per Mariyam's declaration of 'Khula' (the Islamic law of divorce of a woman), the child would remain in her care and custody until she remarried and after her second marriage, the child would be handed over to Latheef. His lawyer Sivaprasad Reddy Venati argued that as per the terms of the 'Khula', Latheef was entitled to custody of his son as Mariyam was now married to one Yakhoob Khan Lavani and was living in Saudi Arabia and had left her son with her father MM Shakeel. Mariyam's lawyer Ayesha Azma argued that Latheef had an extramarital affair with another woman and that was why Mariyam had left him. A criminal case is pending against Latheef at KR Puram police station in Bengaluru under sections 3 and 4 of the Dowry Prohibition Act and sections 405, 504, 498A and 307 of the IPC, Azma told the court, adding that Latheef never made any effort to bring back Mariyam and her son, which is why the district court denied him custody of the child. Considering the arguments, the High Court, comprising Justices Ravinath Tilahari and N Vijay, cited a Supreme Court judgment that even if custody is awarded to one parent, the other parent must have sufficient visitation rights so that the child does not lose social, physical and psychological contact with the other parent. Citing the Supreme Court judgment, the High Court said it will decide the custody petition on merits while dismissing the interim petition by granting visitation rights to Latheef. Mariyam and her family members were asked to allow Latheef to visit his son Ayaan at Shakeel's house for two hours every Sunday. The Supreme Court also ordered that Latheef be allowed to talk to Ayaan on the phone for 10 to 15 minutes every day.
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