New Delhi, September 2, 2025: The Supreme Court of India, in a sensitive child custody dispute, has allowed a father to interact with his nine-year-old son through video conferencing. The child has been living with his mother in Ireland since 2017.
Case Background
The appeal was filed by Manoj Dhankar, the father of the minor, against an order of the Punjab and Haryana High Court dated October 4, 2024.
- Marriage & Childbirth: Manoj Dhankar married Neeharika on November 26, 2012. Their son was born on January 18, 2016.
- Separation: In 2017, the mother left the matrimonial home and later filed for divorce under the Hindu Marriage Act.
- Custody Battles: The father approached the Family Court in 2018. Initially, he was allowed to meet the child twice a month at school. Later, in 2022, the court granted him custody on weekends with restrictions.
- Violation of Conditions: In March 2023, the Family Court dismissed his custody petition, citing violation of interim orders. The High Court upheld this decision in 2024, noting that the child had been continuously living with the mother since 2017.
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Justice Vikram Nath, delivering the judgment, emphasized that the welfare of the child must come first, not the conflict between parents.
The Court noted:
“When such disputes arise, the central question is not who is right or wrong as between the parents, but what arrangement will best serve the child.”
The bench observed that while both parents had engaged in prolonged conflict, the child’s emotional, mental, and physical well-being should remain the priority. Since the boy was settled in Ireland with his mother, disturbing that arrangement would not be in his best interest.
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However, the Court recognized the importance of maintaining the father-son bond:
“Every child has a right to the affection of both parents. Denying such contact would deprive the child of the love, guidance, and emotional support of the father.”
The Supreme Court disposed of the appeal with specific directions:
- The father can interact with his son via video conferencing every alternate Sunday from 10:00 AM to 12:00 noon (Ireland time).
- Both parents must cooperate in good faith to ensure smooth communication.
- Any technical or logistical issues must be mutually resolved, keeping the child’s welfare paramount.
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With these directions, the Court balanced the child’s settled life abroad with the father’s right to maintain emotional ties.
Case Title: Manoj Dhankar vs Neeharika & Ors.
Case Type: Civil Appeal No. 11332 of 2025 (arising from SLP (C) No. 25029 of 2025)
Date of Judgment: September 2, 2025
