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Recently, the Delhi High Court declined to suspend the interim visitation rights between a minor son and his mother and sister in an ongoing custody dispute. The Court underscored that continued interaction was necessary for nurturing family bonds and observed that suspending visitation at this stage would not serve the welfare of the children.

The case arises from a matrimonial dispute where custody of two children is contested between their parents. Earlier, the Family Court granted interim custody of both children to the mother, with visitation rights for the father. While the daughter has since chosen to reside with her mother, the younger son continues to stay with his father. The High Court had previously structured an arrangement to facilitate regular interaction between the children and their mother. The father moved an application seeking suspension of the visitation arrangement, alleging that the son felt uncomfortable and emotionally disturbed after interacting with his mother and sister.

On behalf of the father, it was urged that the child’s reluctance to meet his mother and sister demonstrated that the present visitation plan was not conducive to his welfare and should therefore be suspended. The application emphasised the child’s emotional unease following such interactions.

The Court, after interacting with both children, noted that the daughter, who is of mature age, expressed a clear desire to continue living with her mother. The son, being of tender years and impressionable, initially showed reluctance to meet his sister and mother. However, the Court stressed that such interactions were “crucial for developing a bond between them”.

Rejecting the father’s contention, the Court remarked, “An interaction of the son with his mother and sister is crucial for developing a bond between them. The bond between the siblings is required to be strengthened with continuous interaction, particularly when their parents are residing separately on account of marital discord".

The Court also noted that the Family Court had already recognised the mother’s entitlement to custody of both children, and that the son’s continued stay with the father was only due to interim orders.

Holding that suspension of visitation would not be in the best interest of the children, the Court directed that the interim visitation arrangement, which has been in operation for nearly a year, shall continue until the next hearing scheduled in October 2025. The father’s application was accordingly disposed of, with the Court reiterating that the welfare of the children remains paramount.

Case No.: MAT.APP.(F.C.) 255/2024

Coram: Justice Anil Kshetarpal, Justice Harish Vaidyanathan Shankar

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

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Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

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