Supreme Court Upholds Father's Right to Video Interaction with Child in Landmark Custody Ruling
Complexities involved in international custody disputes and the evolving role of technology in bridging familial gaps
New Delhi, September 2, 2025 — In a significant judgment, the Supreme Court of India has granted a father the right to interact with his minor son through video conferencing, ensuring the child's right to maintain a relationship with both parents despite residing in different countries. The decision was delivered in the case of Manoj Dhankar vs. Neeharika & Ors, Civil Appeal No. 11332 of 2025, arising from a longstanding matrimonial and custody dispute.
The appellant, Manoj Dhankar, and the respondent, Neeharika, have been embroiled in a bitter custody battle since the dissolution of their marriage. The child, born on January 18, 2016, has been residing with his mother in Ireland following the breakdown of the couple's relationship and subsequent legal proceedings.
The Supreme Court, comprising Justices Vikram Nath and Sandeep Mehta, emphasized the importance of prioritizing the best interests of the child in custody disputes. The bench underscored that the emotional, mental, and physical well-being of the child must be the paramount consideration, rather than the personal conflicts between the parents.
The judgment comes after a series of legal challenges, including an unsuccessful attempt by the appellant to secure custody through the Family Court and subsequent appeals to the High Court and Supreme Court. The appellant's plea focused on securing visitation rights through video conferencing, a request the court found to be both reasonable and necessary.
Justice Vikram Nath, delivering the judgment, highlighted the need for the child to maintain a relationship with both parents, even when they live apart or in different countries. "Every child has a right to the affection of both parents. Denying such contact would deprive the child of the love, guidance, and emotional support of the father," the judgment stated.
The court directed that the appellant be allowed to interact with his son through video conferencing for two hours on every alternate Sunday, from 10 AM to 12 noon, Ireland time. Both parties were instructed to cooperate to ensure the arrangement is carried out smoothly, without obstruction or hostility. Any technical or logistical difficulties in arranging the video sessions are to be resolved mutually, with the child's interest remaining paramount.
The Supreme Court's decision marks a progressive step in recognizing the rights of both parents in custody disputes, particularly in cases involving cross-border living arrangements. It reinforces the principle that the child's welfare is central to custody decisions, regardless of the geographical and personal challenges faced by the parents.
Legal experts have hailed the ruling as a balanced approach that respects the rights of both parents while ensuring the child's emotional stability and connection to both family members. The judgment sets a precedent for similar cases where parents reside in different countries, offering a framework for maintaining familial bonds through technology.
The case has drawn significant public attention, highlighting the complexities involved in international custody disputes and the evolving role of technology in bridging familial gaps. As the judgment reverberates through legal circles, it underscores the judiciary's commitment to adapting legal solutions to contemporary societal challenges.
With this landmark ruling, the Supreme Court has demonstrated its dedication to safeguarding the rights and interests of children in custody disputes, ensuring they are not collateral damage in parental conflicts. The decision is expected to influence future cases and encourage the use of innovative solutions to address custody issues in an increasingly interconnected world.
Manoj Dhankar v. Neeharika, (SC) : Law Finder Doc id # 2772378
