Estranged wife moving state doesn’t cancel father’s overnight visitation rights: Court

In an interim order passed on April 17, when both parents were residing in Bengaluru, the family court allowed the father communication rights on alternate days, day-visitation on the fourth Sunday of every month, and overnight custody from the second Friday evening to the following Sunday evening.

The woman challenged this interim arrangement before the High Court, arguing that the child had been residing with her since June 2021 and that an abrupt shift to overnight visitation would harm the child’s emotional stability. She further submitted that she had relocated to Pune in Maharashtra for her job, where the child is enrolled in school, requesting that the father’s contact be limited to digital interactions.

High Court modifies interim order

The bench noted that the woman had made only an oral submission regarding her transfer to Pune without producing documentary evidence. However, after personally interacting with the child, the court observed that the girl was equally comfortable with both parents.

Acknowledging that the distance between Bengaluru and Pune is 838 km, a flight journey of about an hour and a half, the High Court modified the family court’s interim order to make it feasible across state lines.

Under the modified terms, the father is granted communication rights and overnight custody of the minor daughter once a month for two days. He is permitted to pick up the child after school on the second Friday of the month and must return her to the mother in Pune by 8 pm or 9 pm. on Sunday. The bench added that the father is free to either spend time with the child in Pune or bring her to his residence in Bengaluru.

Simultaneously, the High Court turned down the father’s plea for immediate permanent custody of the child. The bench clarified that merely obtaining physical custody during execution proceedings does not entitle him to retain temporary custody pending final disposal of the case.