Bombay High Court Says Child Needs Both Parents, Grants Father Custody Access During Vacation
Bombay High Court Says Child Needs Both Parents, Grants Father Custody Access During Vacation
Mumbai, May 15, 2026: Children need love and presence of both parents for healthy emotional development, observing that the Bombay High Court has upheld a father’s right to meet his minor child despite ongoing disputes between the estranged couple.
While hearing a petition filed by a father seeking visitation rights for his eight-year-old son during the summer vacation, an observation was made by a division bench of Justice Bharti Dangre and Justice Manjusha Deshpande.
“A child requires the love of both parents,” the bench remarked while directing the mother to hand over custody of the child to the petitioner-father for five days during the vacation period. Along with this, the court has also noted the difference between husband and wife should not deprive a child of affection from either parent.
This matter reached the High Court, when, according to the petition, the mother had earlier agreed before the family court to allow the father to meet the child at the end of every week. However, the father alleged that she later failed to honour the agreement and repeatedly denied him access to the child.
Later, the mother appeared emotionally possessive regarding the child’s custody, and the child had reportedly been referred for psychological counselling. The court stated that the child be allowed to enjoy the company and affection of both parents, such counselling may not have become necessary.
The bench further observed that both parents play a crucial role in a child’s upbringing and personality development. It warned that creating fear or negativity about the father in the child’s mind at a formative age could leave a lasting emotional impact.
“The child is currently at an extremely important stage of development. If he is made to believe that being with his father is harmful, that fear may remain with him for life,” the court noted.
The High Court also expressed concern that the assurances given earlier before the family court were not being followed. It emphasised that preventing interaction between the father and child would only deepen the emotional distance between them, something the court said must be avoided in the child’s best interests.
The order has once again highlighted the judiciary’s emphasis on balancing custody concerns with the emotional well-being of children caught in parental disputes.
