Orissa High Court Upholds Visitation Rights for Non-Custodial Parent and Grandparents

In a landmark decision emphasizing child welfare, the Orissa High Court grants visitation rights to the father and grandparents, ensuring the child's access to love and care from both families.  

In a significant judgment passed on October 28, 2025, the Orissa High Court has upheld the visitation rights of Saurav Raiguru, the petitioner, and his parents with his minor child, Shlok. The court emphasized the paramount importance of the child's welfare, granting the non-custodial parent and the grandparents the right to supervised visitation and interaction with the child, recognizing the integral role of both parents and extended family in the child's upbringing and development.

Justice Sanjay Kumar Mishra presided over the case, which arose from a writ petition filed after the Family Court in Cuttack denied visitation rights to the petitioner. The petitioner argued that despite the ongoing matrimonial disputes and allegations, he and his parents deserved the right to maintain contact with the child. The court acknowledged the significance of maintaining a bond between the child and both parents, as well as grandparents, for a wholesome development.

The court ordered supervised visitation at the High Court Mediation Centre, Cuttack, twice a month, and permitted periodic interaction through video calls, underscoring the importance of a supportive environment for Shlok. The judgment reflects the court's commitment to ensuring the child's right to love, care, and companionship from both parents and extended family, in line with the principles laid out in previous Supreme Court rulings on visitation rights.

The court also addressed the allegations of harm raised by the opposite party, deeming them based on conjecture without substantive evidence, thus dismissing them as grounds for denying visitation rights. The decision marks a progressive step towards recognizing the rights of non-custodial parents and the importance of a child's relationship with grandparents.

The judgment follows the legal precedents set in cases such as Yashita Sahu v. State of Rajasthan, which advocate for adequate visitation rights and contact between non-custodial parents and children, unless exceptional circumstances warrant otherwise. This judgment reiterates the court's stance that a child's welfare is the paramount consideration in custody and visitation matters.

Bottom Line:

Visitation rights and interaction rights of non-custodial parent and grandparents recognized for the welfare of the child, emphasizing the importance of love, care, and companionship from both parents.

Statutory provision(s):  

• - Hindu Minority and Guardianship Act, 1956 Section 6  
• - Indian Penal Code Sections 498A, 354, 307, 323, 326, 294, 506  
• - Dowry Prohibition Act, 1961 Section 4  
• - Prevention of Domestic Violence Act, 2005 Sections 12 and 23  
• - Section 151 of CPC

Saurav Raiguru v. Ananya Mishra, (Orissa) : Law Finder Doc Id # 2800960