SC GRANTS VIDEO VISITATION RIGHTS IN CHILD CUSTODY DISPUTE

by | Sep 3, 2025

 Supreme Court of India delivers judgment on child custody and virtual visitation rights in Manoj Dhankar v. Neeharika (2025).

Supreme Court grants father video-conferencing visitation rights in international child custody case.


SC GRANTS VIDEO VISITATION RIGHTS IN CHILD CUSTODY DISPUTE


CASE SUMMARY – The Supreme Court in Manoj Dhankar vs. Neeharika & Ors. (2025 INSC 1068) dealt with a sensitive custody dispute. The appellant-father sought custody of his son, while the mother, residing in Ireland, opposed. Earlier custody orders were breached, and the High Court dismissed the father’s appeal. Before the Supreme Court, he limited his plea to seeking visitation via video conferencing. The Court, stressing the child’s welfare and right to affection from both parents, directed fortnightly two-hour video interactions, ensuring continued parental bonding without disturbing the child’s settled life abroad. Custody remained with the mother.


ASPECTS DETAILS
Case Title Manoj Dhankar vs. Neeharika & Ors., Civil Appeal No. 11332 of 2025
Introduction The case concerns a custody dispute between a father (appellant) and mother (respondent) over their 9-year-old son, escalating to the Supreme Court.
Factual Background Marriage: 26.11.2012; Son born: 18.01.2016; Mother left in 2017; Multiple custody petitions followed. Child now lives in Ireland with mother.
Legal Issues Whether the father is entitled to custody/visitation rights after breach of earlier custody terms and the mother relocating abroad.
Applicable Law
  1. Hindu Marriage Act, 1955 (Sections 13, 13-B); 
  2. Guardians and Wards Act, 1890 (Section 25).
Analysis The Court emphasized the welfare of the child as paramount, noting both parents’ conduct was not ideal. It balanced stability with the child’s right to both parents’ affection.
Conclusion Custody remains with mother in Ireland; father granted visitation through video-conferencing every alternate Sunday.
Current Scenario The child continues to reside with mother in Ireland. Father interacts via court-ordered video sessions.

 

“Every child has a right to the affection of both parents, even when they live apart.”

 

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

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