4 min readNew DelhiUpdated: May 18, 2026 08:53 PM IST
Calcutta High Court ADHD news: The Calcutta High Court recently modified a custody arrangement in an ongoing dispute between the estranged parents of a child diagnosed with Attention Deficit/Hyperactivity Disorder (ADHD), observing that “parents should be ready to sacrifice their own wishes for the best interest” of the child.
Justice Om Narayan Rai was hearing the plea filed by the mother challenging the trial court’s order granting temporary custody of the child to the father, and pointed out that the couple must ensure that the hope and trust expressed by the doctor treating the child are not betrayed.
The Calcutta High Court further emphasised that the estranged couple should ensure that the child’s condition improves and develops, and there is no deterioration, even in the least.
“Both parties have agreed to (and in any case they should) take into consideration the special needs of the child. The parents should be ready to sacrifice their own wishes for the best interest of the child,” the May 15 order read.
The court was hearing the mother’s plea challenging the May 2 order passed by the trial court granting the father temporary custody of their elder son for two weeks during the summer vacation.
What Is ADHD? Understanding a Common Neurodevelopmental Disorder
Attention-deficit/hyperactivity disorder — one of the most common childhood conditions that often continues into adulthood
WHAT IS ADHD
DEFINITION
ADHD is one of the most common neurodevelopmental disorders of childhood — affecting how the brain grows and develops
KEY FACTS
STARTS IN CHILDHOOD
Symptoms begin in childhood and frequently last into adulthood — it is not just a childhood phase
SIGNS & SYMPTOMS MATTER
Identifying signs and symptoms of ADHD can lead to a diagnosis — a process that involves several steps and assessments
WHY IT MATTERS
LIFELONG IMPACT
ADHD can affect learning, relationships, and daily functioning — early identification and support can make a significant difference
ADHD is real. It starts early. It can last a lifetime. But with the right support — it is manageable.
Source: Institute of Human Behaviour and Allied Sciences
Child’s medication schedule to continue
- The Calcutta High Court directed that the husband should bear the travel expenses of the child with ADHD and his mother from Bengaluru to Kolkata and back.
- It held that the other directions with regard to the medication schedule, etc, which have already been recorded in the previous order, should continue.
- Since the child was diagnosed with ADHD and would therefore need special consideration, the parents have agreed that for the first five days of the 11 days, starting May 17, the father’s temporary custody should be restricted only to daytime, the Calcutta High Court stated.
Ongoing dispute and custody
The court noted that the couple is involved in an ongoing custody battle over their two children. It was found that the father had earlier filed proceedings under the Guardians and Wards Act, 1890, before the Alipore court seeking custody rights of his children.
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The Calcutta High Court found that the husband had previously filed for an interim application for temporary custody of the child ADHD in view of the ongoing summer vacations of the said child, but the same was disposed of by the trial court’s order.
It noted that both sides arrived at a broad consensus regarding temporary custody arrangements for their one child, who has been diagnosed with ADHD and requires special care.
The parties agreed that for the first five days, the father would have only daytime custody, after which it could gradually transition into overnight custody depending on the child’s comfort and adjustment.
Arguments
- Appearing for the petitioner, Senior Advocate Aniruddha Chatterjee confirmed that since the mother would be residing at a distance of around five minutes from the residence of the father, it would be open to the father to take the child at any time during the day.
- He added that the child with ADHD would, therefore, return to the mother for the purpose of getting sound sleep during the night.
- He added that the couple have further agreed that upon considering and evaluating the child’s acceptance and acclimatisation to the changed environment at the father’s place.
- He added that the daytime custody would be transitioned into a full day and night custody with the father, for the balance period in the coming days.
- The husband was represented by the Senior Advocate Probal Kumar Mukherjee in the case.
