Important for child to interact with parents even if living apart or in foreign countries: SC

The Supreme Court has on September 2, 2025 said every child has a right to the affection of both parents, even if they live apart or in different countries, and it is important for the child to maintain a relationship with both of them, as denying such contact would deprive the child of the love, guidance, and emotional support of the father.

A bench of Justices Vikram Nath and Sandeep Mehta allowed a man's plea for video interaction with his 9-year-old son, living in Ireland with his estranged wife, finding his request as reasonable.

"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,'' the bench said.   

Dealing with the man's appeal only to the extent of securing visitation rights through videoconferencing, the bench felt the present matter is sensitive one because it concerns the future of a young child.

"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,'' the court underscored.

Having gone through the facts of the dispute between the parties, the bench said it is also clear that the conduct of both parents has not been ideal, as their personal differences have grown into a long and bitter conflict. 

"However, 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 bench said.

At present, the court noted, the child is living with his mother in Ireland and seems to be settled there. 

The bench felt, it would not be in his interest to disturb that arrangement at this stage. The court also noted the father has also limited his request as he is not asking for custody, but only for the chance to interact with his son regularly through video-conferencing.

As per facts of the matter, the couple got married in 2012. Their son was born in 2016. One year after, the mother left the matrimonial home. She subsequently filed a petition for divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.

In 2018, the appellant initiated proceedings before the Family Court seeking custody of the minor child. In 2019, the Family Court partially allowed his application and permitted him to meet the child twice a month, on Fridays, at the child’s school.

In 2019, the parties sought to settle the matter but the compromise fell through. 

Upon the appellant's petition under Section 25 of the Guardians and Wards Act, the Family Court by interim order in 2022 granted him custody every Saturday and Sunday, subject to the condition that the child would not be taken out of Rohtak, Haryana.  

In 2023, the Family Court dismissed the petition on the ground that the appellant had violated the terms of the interim order.   

The appellant approached the High Court. In the meanwhile respondent-mother took the child to Ireland. The man filed several applications, including on disclosure of the itinerary, arrangement of video interaction with the child, and the return of the child from Ireland to India.

By the impugned order on October 04, 2024, the High Court dismissed the appeal, holding that the child had been living with the respondent-mother since August 18, 2017 and no material was placed to show that she was incapable of caring for the child.  

On the appellant's challenge, the apex court directed that he would be entitled to interact with his son through video-conferencing for two hours on every alternate Sunday from 10.00 AM to 12 noon (Ireland time). 

The bench said, both parties would cooperate to ensure that the arrangement is carried out smoothly, in good faith, without obstruction or hostility.

"Any technical or logistical difficulties in arranging the video sessions shall be resolved mutually, keeping in mind that the interest of the child is paramount,'' the court said.

Case Title: Manoj Dhankar Vs Neeharika & Ors

Judgment Date: September 2, 2025

Judges: Justices Vikram Nath & Sandeep Mehta