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Apr 1, 2010

Vikram Vir Vohra Vs Shalini Bhalla SLP(C) No.19935/2009

A child is not a chattel nor is he/she an article of personal property to be shared in equal halves. Court must remember that it is dealing with a very sensitive issue in considering the nature of care and affection that a child requires in the growing stages of his or her life. That is why custody orders are always considered interlocutory orders and by the nature of such proceedings custody orders cannot be made rigid and final. They are capable of being altered and molded keeping in mind the needs of the child. A right to development is a basic human right. The respondent-mother cannot be asked to choose between her child and her career. The visitation rights of the appellant-father have been so structured as to be compatible with the educational career of the child.