The Supreme Court of India, in a judgment delivered on September 2, 2025, has granted a father the right to interact with his minor son, currently residing in Ireland with his mother, through video-conferencing. A bench comprising Justices Vikram Nath and Sandeep Mehta, while disposing of the father’s appeal, underscored that the primary consideration in custody disputes is the child’s welfare and that every child has a right to the affection of both parents, irrespective of their personal conflicts.
The Court set aside the order of the High Court of Punjab & Haryana, which had dismissed the father’s appeal for custody, and directed the parties to arrange for video calls for two hours on every alternate Sunday.
Background of the Dispute
The case involves a long-standing matrimonial and custody battle between the appellant-father and the respondent-mother. The couple married on November 26, 2012, and a son was born to them on January 18, 2016.
The judgment notes that the respondent-mother left the matrimonial home in 2017 and subsequently filed for divorce. In 2018, the appellant-father initiated proceedings before the Family Court seeking custody of the minor child. By an order dated March 19, 2019, the Family Court permitted the father to meet the child twice a month at the child’s school.
The parties later attempted a settlement and jointly filed for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, along with an agreement regarding the child’s custody. However, the compromise failed, and the petition was withdrawn. The appellant then filed a petition under Section 25 of the Guardians and Wards Act, 1890, seeking custody.
An interim order by the Family Court on February 3, 2022, granted the appellant custody every Saturday and Sunday. However, the Family Court ultimately dismissed his custody petition on March 27, 2023, on the ground that the appellant had violated the terms of the interim order. During the pendency of the father’s appeal (FAO No. 2655 of 2023) before the High Court, the respondent-mother took the child to Ireland. The High Court, by its order dated October 4, 2024, dismissed the father’s appeal, leading to the present appeal before the Supreme Court.
Submissions Before the Supreme Court
Before the Supreme Court, senior counsel for the appellant-father limited the appeal’s scope, pressing only for visitation rights through video-conferencing and not for the physical custody of the child.
Court’s Analysis and Observations
The Supreme Court observed that the matter was “sensitive because it concerns the future of a young child.” The bench stated, “When such disputes arise, the central question is not who is right or wrong as between the parents, but what arrangement will best serve the child. The emotional, mental, and physical well-being of the child must always come first.”
Acknowledging the history of the case, the Court noted that “the conduct of both parents has not been ideal.” However, it firmly held that “the Court cannot allow the child to become a casualty of this conflict. What matters most is that the child grows up in an atmosphere where he feels secure, loved, and cared for.”
The judgment recognized that the child is currently settled with his mother in Ireland and that disturbing this arrangement would not be in his best interest at this stage.
Finding the father’s request for video interaction to be “both fair and necessary,” the Supreme Court opined, “Every child has a right to the affection of both parents. Even if parents live apart or in different countries, it is important for the child to maintain a relationship with both of them. Denying such contact would deprive the child of the love, guidance, and emotional support of the father.” The bench concluded that the appellant’s request was reasonable as it “balances the reality of the child’s present living situation with the need to ensure that the father remains a part of the child’s life.”
Final Directions
Disposing of the appeal, the Supreme Court issued the following directions:
- The appellant-father shall be entitled to interact with his son through video-conferencing for two hours on every alternate Sunday from 10:00 AM to 12:00 noon (Ireland time).
- Both parties shall cooperate to ensure the arrangement is carried out smoothly, in good faith, and without obstruction or hostility.
- Any technical or logistical difficulties shall be resolved mutually, keeping the child’s best interest as paramount.
