The Calcutta High Court affirmed that a child cannot be denied the affection of either parent despite marital disputes. In a case involving a 16‑year‑old daughter, the court emphasized periodic review of visitation rights to match the child's evolving emotional needs.

मुख्य बिंदु (Key Takeaways)

  • A child has a constitutional right to love and care from both parents.
  • Visitation rights must be reassessed as the child grows emotionally and physically.
  • The court ordered continuation of the existing virtual visitation schedule.

The Calcutta High Court recently delivered a landmark judgment stating that marital conflicts cannot deprive a child of either parent's affection. Justice Dinesh Kumar Sharma delivered the opinion, underscoring the principle that a child's welfare supersedes parental disputes.

Background of the Case

The parents married in April 2006 under the Special Marriage Act, 1954, and welcomed a daughter in 2010. Following a contentious divorce in January 2016, the parties mutually agreed that the mother would retain custody while the father would enjoy weekly visitation rights.

In August 2020, the father was granted a weekly video‑conference slot every Saturday, but in November 2022 the mother petitioned to revoke this order, arguing that it “outraged the sentiments and emotions of the minor.” After hearing the child, the trial court rescinded the virtual visitation, prompting the father to approach the Calcutta High Court for restoration of his rights.

Court’s Reasoning

Justice Sharma observed that a child’s “emotional and sentimental” needs evolve with age, making visitation rights inherently dynamic. The court noted the stark contrast between a ten‑year‑old and a sixteen‑year‑old in terms of emotional maturity, and therefore required a fresh assessment of the visitation arrangement.

He stated, “The child has a right to get the affection and care of both the parents even if there are matrimonial disputes between the parties to the marriage.” Consequently, the High Court directed that the existing virtual visitation continue every Sunday from 6 pm to 7 pm and allowed the father to file a fresh application for physical visitation.

Implications for Family Law

This ruling sets a precedent that Indian courts will prioritize a child’s welfare over parental conflicts, mandating periodic reviews of custody and visitation orders. Legal scholars predict that such dynamic, child‑centric standards will become the norm, ensuring that future judgments reflect the developmental stage of the minor.

Both parents are now instructed to facilitate uninterrupted virtual contact, reinforcing the court’s message that any hindrance to the child’s relationship with either parent is unacceptable.