In a recent ruling, the Delhi High Court modifies the Family Court's interim custody order, emphasizing the child's need for gradual acclimatization before overnight visits.
In a significant decision regarding child custody arrangements, the Delhi High Court has revised an earlier order by the Family Court that granted overnight custody of a minor child to the father, Gaurav Batra. The court has emphasized the need for the child to acclimatize gradually, considering the child's tender age and previous living arrangements primarily with the mother, Disha Gupta.
The case, titled Disha Gupta v. Gaurav Batra, saw the appellant, Disha Gupta, challenging the interim custody orders issued by the Family Court. The Family Court had previously allowed Gaurav Batra overnight custody of their minor child, Aaryan, despite the child having no prior overnight stays with him. The decision was contested on the grounds that it contradicted both the child's comfort and a previous Supreme Court ruling.
The Delhi High Court, presided over by Justices Tejas Karia and Madhu Jain, noted inconsistencies between the Family Court's observations and its operative directions. In its judgment, the High Court highlighted that orders concerning custody and visitation are inherently interlocutory and must prioritize the child's welfare above all.
The High Court's order now permits the father to have custody of the child from 9:00 A.M. to 8:00 P.M. each day from June 20 to June 25, 2026, and again on June 30, 2026, after the child's return from a scheduled trip to Dehradun. The court maintained the existing arrangements for the child's pick-up and drop-off.
This decision underscores the judiciary's approach to handling sensitive family matters, particularly those involving minors, with a focus on gradual transitions and the child's best interests. The ruling is expected to provide clarity on how courts may handle similar custody and visitation disputes in the future.
Bottom line:-
Family Law - Custody and visitation rights of a minor child - Interim arrangement modified due to inconsistency in the observations and operative directions of the Family Court - Overnight custody deemed inappropriate given the child's tender age and need for acclimatization.
Statutory provision(s): Family Courts Act, 1984 Section 19
Disha Gupta v. Gaurav Batra, (Delhi)(DB) : Law Finder Doc id # 2928122
