Shikha Singh vs. Saurabh Singh
Background
The petitioner-mother challenged a Family Court order that extended the father's visitation time with their minor child from one hour to one-and-a-half hours and required her to remain outside the room during visitation. She argued the child, being of tender age, cried during visits and that she should be allowed to stay in the room.
Decision Breakdown
The Court noted the mother had actually consented to the extended visitation time, undermining her challenge on that point. On the requirement to stay outside the room, the Court relied on Supreme Court precedent holding that children have a right to love and contact with both parents, and that mere initial discomfort or crying during visitation is not, by itself, a reason to deny a father meaningful time with his child, especially given the arrangement still allowed the mother to remain on the same premises, with CCTV supervision, and was only an interim measure subject to future modification.
Lesson Learnt
Courts prioritise a child's long-term right to a relationship with both parents over short-term discomfort during visitation; a parent seeking to restrict the other's access must show more than the child's temporary unease to succeed.