In a heartfelt and emotionally charged hearing at the Orissa High Court, Justice S.K. Mishra set aside a Family Court order that had denied a father the right to meet his seven-year-old son. The ruling came in Sanjay Sharma vs. Dolly @ Sakhi Sharma & Another, where the petitioner sought visitation rights after being allegedly kept away from his child for months.
"The refusal of visitation right to the natural father appears unjust and contrary to settled law," the bench observed while restoring the father’s limited access to his son pending final adjudication.
Background
Sanjay Sharma and Dolly, who married in 2011, separated after five years due to personal differences. Their marriage was later dissolved ex-parte by a Family Court in Bargarh. Following the divorce, Dolly remarried a 56-year-old businessman, Ashok Ladha, who already had three children.
The couple had agreed that their daughter, Shanvi, would live with Dolly, and their son, Shivay, would remain with Sanjay. However, this understanding soon fell apart. On February 5, 2024, while Sanjay dropped his son at Cambridge School in Cuttack, Dolly allegedly took the child away claiming he was unwell - and never returned him.
Repeated pleas, police complaints, and even a formal representation to the DCP yielded no result. Left with no option, Sanjay approached the Family Court seeking custody and at least the right to visit his son.
But in March 2025, the Family Court rejected his plea, citing "apprehension of untoward incidents" and lack of a neutral venue for meetings.
Court's Observations
During the hearing, Justice Mishra delved into the Family Court's reasoning - and found it deeply flawed.
"The child is not only of the mother or the father alone," the judge remarked, "but belongs to both. Welfare of the child cannot be seen through the lens of one parent’s apprehension."
The High Court noted that the lower court should have consulted both parties to fix a convenient venue and timing for visitation instead of rejecting the plea outright.
Adding a touch of poignancy, Justice Mishra personally interacted with the minor child in chambers. Initially, Shivay appeared frightened and, when asked about his father, referred to him as "Uncle," saying, "Bahar jo uncle khade huein hain, unse dar lagta hai."
This moment, as the order records, left the judge concerned that the boy might have been tutored to fear his biological father.
Legal Reasoning
The Court referred to earlier rulings, including Manjusha Singhania vs. Nimish Singhania (2025) and Yashita Sahu vs. State of Rajasthan (2020), both of which stress that a child’s welfare includes the love and company of both parents.
Justice Mishra echoed this sentiment:
"A child, especially of tender years, requires the love, affection, and company of both parents. This is not merely a privilege but a basic human right."
He also criticized the "technical approach" of the Family Court, observing that mere logistical concerns cannot override a parent’s fundamental right to bond with their child.
Court's Decision
Setting aside the Family Court’s order dated March 24, 2025, the Orissa High Court remitted the matter back with directions to fix the time, place, and frequency of meetings between Sanjay Sharma and his son, in consultation with both parties and their lawyers.
Until the Family Court finalizes new arrangements, the High Court directed that the existing interim setup - allowing Sanjay to communicate with his son through phone or WhatsApp - should continue.
The judgment ended with a clear reminder that custody battles should not turn children into "victims of ego wars."
"The child is not an inanimate object to be tossed between parents. Every separation or reunion leaves a mark " it is the court’s duty to minimize that trauma."
With these words, the writ petition was allowed and disposed of, bringing a measure of relief to the father who had waited months for a chance to speak to his son again.
Case Details: Sanjay Sharma vs. Dolly @ Sakhi Sharma & Another
Case Number: W.P.(C) No. 10091 of 2025
Date of Judgment: 10 October 2025