Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Family LawSupreme Court of India

Manoj Dhankar vs. Neeharika & Ors.

Not available · 2025 INSC 1068Decided 2 Sept 2025
Not available
Justice Vikram Nath · Justice Sandeep Mehta

Background

A father and mother, married in 2012, had a son born in 2016. The mother left the matrimonial home in 2017 and the couple became embroiled in a long-running custody dispute across the Family Court and the Punjab & Haryana High Court, including a failed attempt at a mutual-consent divorce. While the father's appeal was pending before the High Court, the mother relocated with the child to Ireland. The High Court eventually dismissed the father's appeal, noting he had earlier breached an interim custody arrangement and that the child had been living with the mother since 2017 with no evidence she was unfit to care for him.

Decision Breakdown

Before the Supreme Court, the father narrowed his request. He no longer sought custody, only regular video-call access to his son. The Court held that the child's present, settled life with his mother in Ireland should not be disturbed, but stressed that a child has a right to the affection of both parents even when they live in different countries. Finding the father's limited request fair and necessary, the Court directed that he be allowed to video-call his son for two hours on every alternate Sunday (10 AM-12 noon Ireland time), with both parents required to cooperate in good faith to make the arrangement work.

Lesson Learnt

In custody disputes, courts prioritize the child's stability and wellbeing over either parent's claims, but will still protect a non-custodial parent's right to meaningful contact, even limited to virtual visitation, when physical custody changes are impractical.

Manoj Dhankar vs. Neeharika & Ors. – Legal Case Shots | LegalAware