The Supreme Court emphasizes that children benefit from the presence of both parents, noting that girls often share a special bond with their fathers. In a landmark ruling, the Court upholds the father’s visitation rights to ensure the child’s emotional well-being.
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NEW DELHI: In a crucial development concerning parental visitation rights, the Supreme Court of India addressed allegations of parental alienation and disobedience of visitation orders in the case of Sourabh Soni v. Nitika Dhir.
Background of the Case
The petitioner, Sourabh Soni, raised serious concerns about the respondent, Nitika Dhir, alleging that the respondent persistently interferes with court-ordered visitation. The allegations include:
- Encouraging the 12½-year-old child to display hostility toward her father.
- Instructing the child to demand ₹1 crore from her father.
- Alleged physical assault incidents, including one involving a stick.
- Removal of the father’s name from school records.
Importantly, Mr. Soni, represented by Senior Advocate P. S. Patwalia, emphasized that his main goal is not punishment but to ensure meaningful, consistent parenting time and safeguard the child’s emotional and psychological well-being.
Mediation Controversy
Pursuant to the Supreme Court’s directions, mediation was conducted under Hon’ble Ms. Justice Ritu Bahri (Retd.), former Chief Justice of Uttarakhand High Court. During the hearing on 01 December 2025, the petitioner challenged the mediation report, citing violations of mediation confidentiality and the Mediation Act. Notably, the petitioner alleged that the mediator’s daughter participated in the process without authorization, raising questions about impartiality.
The petitioner also highlighted that the respondent had been using the mediation report in matrimonial proceedings and that even during court-ordered Sunday visitations, the child was allegedly being “managed” by the mother over the phone.
Supreme Court Directions
Justice Aravind Kumar, presiding over the case, stressed that a child needs both parents in their life and noted that girls often maintain a close bond with their fathers. Key directions issued by the Court included:
- Non-Use of Mediation Report: The mediation report shall not be used in any proceeding, and no court shall be influenced by it.
- Continuation of Sunday Visitations: The father’s visitation rights are extended until 31 January 2026.
- Mandatory Child Counselling: Visits must be preceded by sessions with child counsellor Ms. Sarita Rana to ensure a positive and supportive environment.
- Comfortable Venues: Meetings must take place in locations where the child feels comfortable.
- Mobile Phone Restrictions: The child’s mobile phone use is restricted during visitation sessions.
- Future Directions: The matter is listed for further directions on 02 February 2026, taking into account the child’s upcoming academic examinations.
The case highlights the Supreme Court’s unwavering focus on the child’s emotional and psychological well-being. By emphasizing counselling and creating a supportive environment, the Court ensures that visitation is meaningful and beneficial to the child.
Case Title:
Sourabh Soni v. Nitika Dhir.
CONMT.PET.(C) No. 756-757/2024 in SLP(C) No. 2775-2776/2024
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