VISITATION RIGHTS

In matrimonial disputes, children often become the silent sufferers. Courts across India have consistently emphasised that visitation rights are not a favour to a parent, but a right of the child to receive love, care, and emotional support from both parents. Even when custody rests with one parent, the other parent cannot ordinarily be denied visitation rights except in exceptional and proven circumstances.

In a recent matter before the Hon’ble Orissa High Court, where Verdicto Legal represented the father, the Court set aside a Family Court order denying visitation with his infant son. The High Court clarified that mere allegations or pending criminal proceedings cannot automatically justify denial. Courts must rely on material evidence, and the welfare of the child remains the paramount consideration in custody and visitation decisions.

The Court also noted that visitation rights need not always be physical. Supervised visitation, fixed schedules, and virtual visitation through video calls are effective ways to maintain the parent-child bond while ensuring the child’s safety. Additionally, grandparents’ visitation rights are recognised as an important part of the child’s upbringing and cannot be denied without valid reasons.

What Should Parents Do If Visitation Is Denied?

After separation, one parent may sometimes deny access to the child. The law provides remedies to address such situations:

• Application before the Family Court: A parent can file a visitation application, often under Section 151 of the Code of Civil Procedure, invoking the Court’s inherent powers to protect the welfare of the minor child. This can be done even without a pending custody case.

• Personal law provisions: The Hindu Minority and Guardianship Act, 1956 and the Guardians and Wards Act, 1890 empower courts to regulate custody and visitation, always guided by the best interests of the child.

Courts increasingly favour structured and supervised visitation, including weekly or monthly schedules and virtual interactions, to ensure safety while preserving emotional bonds with both parents and grandparents. Parents are encouraged to approach the court lawfully, comply with directions, and prioritise the child’s welfare over personal disputes.