The Supreme Court in 2025 ruled that every child has a right to the affection of both parents, stressing that interaction must continue even if living apart or abroad.
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NEW DELHI: The Supreme Court of India on September 2, 2025, delivered a sensitive and forward-looking ruling, emphasizing that every child has a right to the affection of both parents, irrespective of their separation or residence in different countries.
A bench comprising Justices Vikram Nath and Sandeep Mehta allowed a father’s plea for video interactions with his 9-year-old son residing in Ireland with his estranged mother. The Court underscored that the child’s emotional, mental, and physical well-being must remain the paramount consideration in custody and visitation disputes.
Case Background
The couple married in 2012; their son was born in 2016. The mother left the matrimonial home in 2017 and filed for divorce under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955.
Custody Battles:
- 2019: Family Court allowed limited visitation (twice a month at school).
- 2022: Interim custody granted to the father every weekend but restricted to Rohtak, Haryana.
- 2023: Petition dismissed due to breach of the interim order.
During the pendency of the appeal, the mother moved to Ireland with the child.
The High Court in 2024 dismissed the father’s appeal, citing long-term residence with the mother and lack of evidence of her incapacity.
In its 2025 ruling, the Supreme Court noted that the father had limited his request, asking solely for virtual visitation rights instead of custody.
Observations by the Court
The Court stressed that in custody disputes, the central question is not who is right or wrong between the parents, but what arrangement best serves the child.
Both parents’ conduct was found less than ideal, but the Court warned that the child cannot become a casualty of their conflict.
Recognizing the importance of a child’s bond with both parents, the Court observed:
“Every child has a right to the affection of both parents. Denying such contact would deprive the child of love, guidance, and emotional support of the father.”
The child is now settled in Ireland with the mother. Disrupting that arrangement was deemed not in his best interest. However, allowing scheduled video calls ensures the father remains a part of his son’s life.
Final Directions of the SC:
- Father is entitled to video-conferencing with his son for two hours every alternate Sunday (10 AM–12 Noon, Ireland time).
- Both parents must cooperate in good faith without obstruction or hostility.
- Any technical or logistical difficulties must be resolved mutually, keeping the child’s welfare paramount
Case Title:
Manoj Dhankar Vs Neeharika & Ors
SLP (C) NO. 25029 OF 2025
Read Judgment:
Click Here to Read More Reports on Custody of Minor Child