The Orissa High Court has set aside a Family Court order that had denied a father the right to meet his infant son amid ongoing marital disputes. The Court stressed that disagreements between spouses cannot become a barrier to a child receiving affection from both parents.
Background
The couple married in 2021 and later shifted to Bangalore for work. Their son was born in December 2023. However, in January 2024, the wife left the matrimonial home alleging harassment and assault, and filed criminal and domestic violence complaints.
The husband, saying he had been blocked from all contact with his son, approached the Family Court seeking visitation rights. That request was rejected on grounds of “potential harm” to the wife and child. Hence, he moved the High Court.
Court’s Observations
Justice Sanjay Kumar Mishra, while hearing the petition, noted that the Family Court’s fear of potential harm was not supported by any consistent evidence after the initial allegations.
The bench observed, “A child of tender age needs the warmth, care and touch of both parents. Custody with one parent does not mean emotional severance from the other.”
The Court also referred to the Supreme Court’s ruling in Yashita Sahu v. State of Rajasthan, which emphasizes that a child has a human right to remain connected to both parents.
The judge added that even being entangled in criminal disputes does not automatically bar a parent from meeting a child, unless there are exceptional dangers, which were absent here.
He also acknowledged the emotional role of grandparents, saying they are part of the child’s early upbringing and bonding. Their visitation right, too, deserved protection.
Decision
The High Court set aside the earlier order and allowed supervised visitation of the father and paternal grandparents at the High Court Mediation Centre in Cuttack.
- The meetings will occur twice a month, for two hours each.
- The father must also provide a smartphone and enable video calls twice every month.
- The mother must cooperate and avoid creating unpleasant situations during visits.
The case ends at this arrangement, which will continue until the child turns five, after which either parent may seek modification from the appropriate court.
Case Title: X v. Y
Court: High Court of Orissa, Cuttack
Case Number: W.P.(C) No. 12857 of 2025
Judge: Justice Sanjay Kumar Mishra
Petitioner: Husband seeking visitation rights
Opposite Party: Wife having custody of minor child
Date of Judgment: 28 October 2025
