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Explore landmark Supreme Court & High Court judgments on child custody, guardianship & visitation rights in India. BLJ Legal | Family Law Advocates in Delhi NCR.
Child custody, guardianship, and visitation rights are among the most sensitive areas of family law in India. Disputes usually arise during divorce, separation, or breakdown of marriage, where the welfare of the child is the court’s paramount consideration.
The law governing custody and guardianship includes:
Guardians and Wards Act, 1890
Hindu Minority and Guardianship Act, 1956
Section 26 of the Hindu Marriage Act, 1955
Personal laws under Muslim, Christian, and Parsi law
Judicial precedents from the Supreme Court and various High Courts
Over the years, the judiciary has balanced parental rights with the best interests of the child, evolving guidelines for custody arrangements, visitation schedules, and guardianship decisions.
At BLJ Legal, we break down these landmark rulings for litigants, lawyers, law students, and legal enthusiasts—helping everyone understand how courts interpret custody battles and visitation rights in India.
Welfare of the child as the paramount consideration
Custody rights of mother vs. father
Relocation of children abroad & jurisdiction of Indian courts
Visitation rights through physical meetings & video conferencing
Custody in cases of remarriage, domestic violence, or NRI marriages
Guardianship rights of natural vs. testamentary guardians
Modification of custody orders depending on child’s needs and welfare
The Supreme Court of India in Manoj Dhankar vs. Neeharika & Ors. (2025) reaffirmed the fundamental principle that in child custody disputes, the welfare of the child is paramount, taking precedence over the personal grievances or rights of the parents. The Court emphasized that every child has a right to maintain a meaningful relationship with both parents, even in cross-border situations, and formally recognized video-conferencing as a valid mode of parental visitation. This ruling provides clarity for custodial arrangements involving international relocation, ensuring that the child’s emotional, psychological, and social well-being is preserved while balancing parental rights. read more....
Child custody is decided based on the welfare of the child, not just the rights of parents. Factors include the child’s age, comfort, education, emotional needs, and the financial and emotional stability of parents.
Yes. Courts often allow custody or visitation even for parents abroad. Recently, the Supreme Court has permitted video-conferencing for visitation, ensuring children maintain meaningful contact with both parents.
You may call or WhatsApp us at +91-8851632512 or email legalblj@gmail.com to schedule a consultation with Advocate Shasha Jain.
At BLJ Legal, co-led by Advocate Shasha Jain, we provide expert legal support in:
Child custody disputes during divorce or separation
Guardianship petitions under the Guardians and Wards Act, 1890
Enforcement and modification of visitation rights
Relocation and NRI custody disputes
Representing clients before Family Courts, High Courts, and the Supreme Court of India
BLJ Legal, co-led by Advocate Shasha Jain, is renowned for its compassionate, result-oriented, and client-focused approach in child custody, guardianship, and visitation matters. If you are seeking expert guidance to protect your child’s welfare or understand your legal rights, we invite you to reach out for a confidential consultation.
📍 Address: Chamber No. 314, Patiala House Court, Near India Gate, Supreme Court, New Delhi – 110001
📞 Phone: 8851632512
📧 Email: legalblj@gmail.com
