The Delhi High Court has modified a Family Court order that had granted a father overnight custody of his minor son during the summer vacation, holding that such a direction was not justified at this stage of the guardianship proceedings. The Division Bench found that the Family Court's own findings did not support its decision to allow the child to stay overnight with the father.
The judgment was delivered on 19 June 2026 in Disha Gupta v. Gaurav Batra.
Background of the Case
The appeal arose from an order passed by the Principal Judge, Family Court, Saket, in an ongoing guardianship petition concerning the parties' minor son. The Family Court had directed the mother to add the father's name to the child's school records and Aadhaar card, permitted the father to receive a Parents-I card, and granted him overnight custody from 20 June to 22 June 2026 along with additional visitation rights.
Before the High Court, the mother clarified that she had no objection to the father's visitation rights, which had been continuing for several years. Her challenge was limited to the direction granting overnight custody. She argued that an earlier order of the Supreme Court had restored a previous Family Court arrangement that only allowed limited visitation, and no material change in circumstances had been shown to justify overnight custody.
The father, on the other hand, contended that custody and visitation arrangements are temporary in nature and can be modified depending on the circumstances. He also argued that an overnight stay would help strengthen the child's relationship with him.
Court's Observations
After hearing both sides, the High Court focused on one part of the Family Court's order—the grant of overnight custody.
The Bench noted that the Family Court had itself recorded that the child had never stayed overnight with the father, that separating the child from the mother for an extended period might not be appropriate, and that the child required more time to adjust before such an arrangement could be considered. Despite these observations, the Family Court proceeded to grant overnight custody.
Highlighting this contradiction, the Bench observed:
"The direction permitting overnight custody of the minor child does not appear to be warranted at this stage."
The judges found an apparent inconsistency between the reasoning contained in the Family Court's observations and the operative directions ultimately issued. Since those findings themselves had not been challenged by the father, the High Court concluded that the overnight custody direction could not be sustained.
Court's Decision
With the consent of both parties, the High Court modified the Family Court's order.
Instead of permitting overnight custody, the Court directed that the father would have custody of the child from 9:00 a.m. to 8:00 p.m. each day between 20 June and 25 June 2026. It further ordered that after the child's return from Dehradun, the father would also have custody from 9:00 a.m. to 8:00 p.m. on 30 June 2026. The existing arrangement regarding the child's pick-up and drop-off, as directed by the Family Court, was left unchanged.
Allowing the appeal to this limited extent, the High Court disposed of the matter by replacing the overnight custody arrangement with daytime custody while keeping the remaining directions of the Family Court intact.
Case Details
Case Title: Disha Gupta v. Gaurav Batra
Case Number: MAT.APP.(F.C.) 213/2026
Judge: Justice Tejas Karia and Justice Madhu Jain
Decision Date: 19 June 2026
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