In a sensitive case concerning child visitation, the Bombay High Court has directed both parents to work out a practical schedule for access between an 11-year-old girl and her father, who has not met her for nearly four years.
Background
The matter stems from an order passed in October 2024 that allowed interim visitation. However, the father, despite initially agreeing, later declined to meet his daughter and sought final disposal of the petition. Earlier this year, in February 2025, the High Court noted his reluctance and stayed the interim order. That decision was later challenged before the Supreme Court, which dismissed the father’s plea but permitted him to request early disposal before the High Court.
Court’s Observations
Justice Madhav J. Jamdar highlighted that a child’s emotional growth depends on both parents. “A child is not an inanimate object which can be tossed from one parent to the other,” the bench observed, adding that overnight access should only follow after short, regular meetings. The Court referred to the Supreme Court’s decision in Yashita Sahu v. State of Rajasthan (2020), which stressed that children have a basic right to love and care from both parents.
The judge also remarked that with technology today, contact should not be limited to physical meetings. Phone calls and video interactions are crucial, especially when parents live apart.
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Decision
The Court directed both the mother and father to personally appear—either in person or via video conferencing-on 11 September 2025 to finalize a phased visitation programme. The plan will begin with short meetings, gradually extend to overnight access, and also include scheduled phone calls between the father and daughter.
Case: Shweta Chandra vs. Brahmanand Baldev Rai
Date of Order: 8 September 2025
Case No.: Writ Petition No. 13980 of 2024
