Introduction – Case Analysis of Manoj Dhankar vs. Neeharika (2025 INSC 1068)
The Hon’ble Supreme Court of India in Manoj Dhankar vs. Neeharika & Ors. (Civil Appeal No. 11332 of 2025) delivered a significant ruling on child custody and visitation rights. Decided on 2 September 2025 by Justice Vikram Nath and Justice Sandeep Mehta, this judgment reinforces that in custody disputes, the paramount consideration is the welfare of the child, not the personal grievances of the parents.
At BLJ Legal, Delhi, led by Advocate Shasha Jain, we bring you a structured case brief with facts, issues, findings, implications, and takeaways from this landmark ruling.
Facts of the Case – Manoj Dhankar vs. Neeharika (2025)
The appellant, Manoj Dhankar, and the respondent, Neeharika, married on 26.11.2012 and had a son on 18.01.2016.
In 2017, the respondent-mother left the matrimonial home and later filed for divorce.
Custody proceedings began in 2018, with limited visitation granted to the father by the Family Court.
Attempts at settlement through mutual consent divorce failed.
In 2022, interim custody was expanded, but later, in 2023, the Family Court dismissed the father’s custody petition citing violation of interim conditions.
During litigation, the mother moved with the child to Ireland.
The Punjab & Haryana High Court dismissed the father’s appeal on 04.10.2024.
Aggrieved, the father approached the Supreme Court of India through a Special Leave Petition (SLP), pressing only for visitation rights via video-conferencing.
Issues Before the Supreme Court
Whether the appellant-father is entitled to regular visitation rights with his minor son despite the child living abroad with the mother.
Whether video-conferencing can be directed as a practical mode of visitation where custody disputes involve cross-border situations.
Findings of the Supreme Court in Manoj Dhankar vs. Neeharika (2025)
Issue 1: Visitation Rights of the Father
The Court observed that custody disputes should prioritize the child’s welfare, emotional, and psychological development.
It noted that the child had been living with his mother in Ireland and was well-settled.
However, the Court stressed that every child has a right to the love and guidance of both parents, even if they reside separately.
Issue 2: Virtual Visitation Through Video-Conferencing
The Court found the father’s request for virtual visitation to be fair, reasonable, and necessary.
Denying such access would deprive the child of paternal affection and emotional balance.
The Court directed that video interactions shall take place every alternate Sunday for two hours.
Implications of the Judgment – Custody Law in India
Child’s welfare is supreme – Custody is not about parental rights but about ensuring a nurturing environment.
Virtual visitation recognized – The Supreme Court has formally validated video-conferencing as a legitimate mode of parental visitation in cross-border custody disputes.
Balancing disputes and child’s rights – Even where parents are in conflict, the child’s right to maintain bonds with both parents cannot be denied.
Global mobility of parents – This ruling provides clarity for custody disputes where one parent relocates abroad.
Conclusion – Key Takeaways
Custody disputes must always serve the best interests of the child.
Courts will ensure that children are not alienated from either parent.
Virtual visitation is now a practical legal remedy in cases involving international custody disputes.
At BLJ Legal, led by Advocate Shasha Jain in Delhi, we specialize in family law, child custody disputes, matrimonial litigation, and cross-border custody matters. If you are facing similar challenges, our team provides expert representation before the Supreme Court , Delhi High Courts & Delhi district Courts.
Contact BLJ Legal today for a consultation.
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