Rtn. Adv. Sonia
NRI Fathers Right to Child Custody and Visitation with 10 Landmark Judgements

NRI Fathers Right to Child Custody and Visitation with 10 Landmark Judgements

Child custody matters involving an NRI father can be complex, especially when access rights are restrained in India. While it is important to consult with a lawyer who specializes in family law and has expertise in cross-border cases, the following information provides a general understanding of the rights and considerations for an NRI father in such situations:

It’s a well settled principle of law that “Welfare of The Child Is of Paramount Consideration” Such was held in the matter of “Sheoli Hati v. Somnath Das” and also in “Saraswatibai Shripad Vad v. Shripad Vasanji Vad


·       Legal Rights:

As an NRI father, you have the legal right to seek custody and access to your child in India. The Indian legal system recognizes the importance of the child's best interests and aims to ensure the involvement of both parents in their upbringing, unless there are specific circumstances that may deem it unfit.


·       Parental Responsibility and Child's Best Interests:

Courts in India prioritize the best interests of the child when determining custody and visitation arrangements. Factors such as the child's age, health, education, and overall well-being are taken into account. As an NRI father, you need to demonstrate your commitment and ability to provide a nurturing and supportive environment for your child.


·       Custody Arrangements:

There are different types of custody arrangements, including sole custody, joint custody, or visitation rights. The court will consider the specific circumstances of the case and the child's needs when determining the most suitable custody arrangement. It is crucial to present a compelling case and provide evidence of your involvement in your child's life and your ability to meet their needs.


·       Seeking Legal Representation:

Engaging the services of a competent lawyer with expertise in family law and cross-border issues is crucial. They can guide you through the legal proceedings, assist in gathering evidence to support your case, and ensure that your rights as an NRI father are protected.


·       Mediation and Alternative Dispute Resolution:

In some cases, mediation or alternative dispute resolution methods may be considered to reach an amicable resolution regarding custody and access rights. Mediation provides an opportunity for parents to discuss and negotiate a mutually agreeable arrangement under the guidance of a neutral third party.


·       Enforcement of Visitation Orders:

If access rights granted by the court are being denied or violated, legal remedies are available to enforce visitation orders. It is important to document instances of denial or violation and seek legal recourse to ensure compliance.


·       International Laws and Treaties:

Cross-border custody cases involve the application of international laws and treaties. The Hague Convention on the Civil Aspects of International Child Abduction is one such treaty that addresses child custody and abduction issues across borders. Familiarize yourself with relevant laws and seek legal advice on how they apply to your specific situation.


With about two decades of my practice in the family matters, I bring this compilation of 10 landmark judgements that swayed the custody and visitation rights to the father keeping in mind the welfare of child as a paramount consideration.

1.       Yashita Sahu vs State of Rajasthan

2.       Amyra Dwivedi vs Abhinav Dwivedi and Anr.

3.       Gayatri Bajaj vs Jiten Bhalla

4.       Gaurav Nagpal vs Sumedha Nagpal         

5.       Motira Ganguli vs Jayant Ganguli

6.       Hoshiam Shavaksha Dolikuka vs Thirty Hoshie Dolikuka

7.       Soumitra Kumar Nahar vs Parul Nahar

8.       Kumar V Jahgirdar vs Chethana Ramatheertha

9.       Mohan Kumar Rayana vs Komal Mohan Rayana

10.   Jyoti Priya vs Paul Goodwin

The Following principles are laid down by the Apex Court in the matter of “Jyoti Priya vs Paul Goodwin” relaying on the above matters summarized as follows :


“ …. The Following Legal Principles have been enunciated in various cases before the Apex Court and the other high courts and shall serve as guidelines for interim custody orders by the Family Courts:


·       The Separation of Minor from the parent during the pendency of the case is detrimental to the welfare of the child.


·       Notwithstanding allegations made by either party, interim custody applications must be decided on sole basis of the welfare of the child


·       There exists no indefeasible right to deny custody of either parent of the minor.


·       Whenever such interim custody applications are filed, the respective family courts must dispose of such cases within a reasonable time period not more than thirty days”



With the above landmark judgments, its is very clear that a child has a right to the affection of both his parents and the family court shall ensure that custody and visitation rights are granted in such a manner.


It is important to note that child custody laws and practices can vary depending on the specific circumstances of the case and the jurisdiction involved. Consulting with a qualified lawyer who specializes in family law and cross-border cases is essential to understand your rights, navigate the legal system, and seek the best possible outcome for you and your child.


Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.

Did you find this write up useful? YES 0 NO 0

C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com