‘Disturbing’: Bombay High Court warns mother against ‘possessiveness’, depriving 8-year-old son of father’s love

Justices Bharati Dangre and Manjusha Deshpande of the Bombay High Court said it is disturbing that the mother did not allow the father access to the child on Sundays. (Image enhanced using AI)

‘Child will carry that fear while growing up’

• The child is in the formative years of development and being eight years old, can be shaped by how the mother moulds him, the Bombay High Court noted.
• If the mother imbibes into him that it is not healthy to be in the company of the father, the child will carry that fear and he will grow up with this feeling.
• At this stage, whatever may be the discord between his parents, in the court’s view, the child must get the love of both the father and the mother.
• In any case, the child’s custody is with the mother and the father/applicant is only seeking access for a limited period during vacation.

• The court found it very disturbing that the mother did not abide by her own undertaking to allow the father access to the child every Sunday.
• The more she resists this arrangement, we are sure that the child will move away from the father and this is precisely what is to be avoided.

Father sought vacation access to minor son

• The father had approached the Bombay High Court seeking access to the child during the ongoing school vacation.
• The matter arose out of continuing disputes between the estranged couple over visitation and implementation of a joint parenting arrangement.
• The application was filed in a pending family court appeal between the parties.
• The Bombay High Court noted that in an earlier order passed in May 2025, the mother had agreed to grant the father access to the child for 10 days, including overnight access.
• The court was informed that the father had accordingly spent time with the child between May 19 and May 30, 2025.
• A child in his formative years should receive the love and companionship of both parents, the Bombay High Court said, and cautioned against creating fear or hostility in the child’s mind against the father.

Earlier efforts towards joint parenting

Referring to earlier proceedings in the family court appeal, the Bombay High Court noted that on July 24, 2025, it had encouraged the parties to explore an amicable settlement and evolve a joint parenting plan in the interest of the child.

The court also took note of another order dated March 7, 2025, under which the father had been granted visitation rights every Sunday between 10 am and 5 pm.

According to the Bombay High Court, the mother had then expressed willingness to facilitate such access. However, the counsel appearing for the father argued that the arrangement was not being implemented properly and that the access granted on paper was being frustrated in practise.

Court concerned over violation of undertaking

The court expressed concern that the mother was allegedly not adhering to her earlier undertaking to permit regular visitation. It reiterated that previous orders showed the court’s continued effort to establish a workable joint parenting programme for the welfare of the child.

Father granted access

The Bombay High Court permitted the father to keep the child with him from May 15 to May 20 and again from June 1 to June 6. He was directed to pick up the child from the mother’s residence at 9 am and return him at 6 pm on the final day of each access period.

The court also directed that while the child remained with the father, the mother must be allowed telephonic and video interaction with the child and that such communication should not be obstructed.

In addition, the Bombay High Court also directed the mother to continue complying with the earlier visitation arrangement under which the father would have access to the child every Sunday between 10 am and 5 pm, subject to him picking up the child from her residence.