VIMLENDU KUMAR JHA VS MINAL BHATNAGAR AS ON 30 May 2025
The Delhi High Court partly modified an interim Family Court order concerning visitation rights of a father to his 4-year-old daughter. While affirming that frequent change of custody is not advisable for a child of tender age, the Court emphasized that a father’s role is equally vital for a child’s emotional and psychological development.
The Court held that visitation rights are not dependent on the consent of the custodial parent and must be guided solely by the best interests of the child. It rejected a rigid application of NGO-proposed visitation guidelines and ruled that no straightjacket formula, including a 50% division of vacation time, can be applied in custody matters.
Balancing stability with paternal bonding, the Court granted the father additional supervised visitations and two unsupervised visitations of six hours each during the summer vacation, to be exercised gradually and at mutually convenient times. The demand for 50% vacation custody was found unwarranted at this stage.
The order reinforces that custody and visitation disputes must be resolved with sensitivity, ensuring the child’s welfare while preserving the child’s right to love and affection of both parents.
