The Delhi High Court dismissed a father’s appeal against reduction of his visitation rights, holding that interim access can be curtailed based on allegations and surrounding disputes, even without final findings. The judgment highlights how prolonged litigation and unproven accusations can still reshape a father’s role in a child’s life.
New Delhi: The Delhi High Court has dismissed an appeal filed by a father challenging the reduction of his visitation rights with his minor daughter. The case arose from an order passed by the Family Court, Patiala House Courts, which modified the earlier visitation schedule after repeated disputes between the parents and allegations of disturbing incidents.
The High Court held that there was no legal error in the Family Court’s decision and reaffirmed that the welfare of the child must always remain the highest priority.
The dispute originates from matrimonial differences between the parties, who were married in October 2019 and were blessed with a daughter in January 2021. Due to continuous conflicts, several proceedings were initiated before the Family Court regarding custody and visitation. Initially, the Family Court had permitted frequent physical meetings between the father and the child to ensure continued bonding.
Over time, the visitation arrangement was revised. The father was allowed to meet the child at Ambience Mall, Vasant Kunj, three times a week for one hour, in a neutral and monitored environment. This arrangement was clearly stated to be temporary and subject to future review depending upon conduct and changing circumstances.
Subsequently, the mother filed an application seeking modification of the visitation order. She alleged multiple incidents involving the father and his family, including an alleged attempt to forcibly enter the shared residence, registration of an FIR, tampering with CCTV cameras, disconnection of electricity supply, and complaints under the Domestic Violence Act. According to her, some of these incidents were witnessed by the minor child and created fear, instability, and emotional stress.
On 15 December 2025, the Family Court modified the arrangement. Physical meetings were reduced to only the 2nd and 4th Saturday of each month for one hour, while video calls were permitted on the 1st and 3rd Friday for 20 minutes. The father challenged this order before the High Court, arguing that there was no substantial change in circumstances, that such reduction would weaken the emotional bond between father and child, and that mere allegations should not be used to curtail parental access.
The grievance was that reduced interaction could slowly distance him from his daughter and may even lead to parental alienation. He maintained that consistent contact with both parents is essential for a child’s emotional development and that restrictions based on unresolved allegations unfairly penalise a caring parent.
The mother opposed the appeal by stating that the child is now school-going and requires routine, stability, and uninterrupted academic schedule. She also highlighted safety concerns arising from the alleged incidents and argued that frequent travel for meetings disturbed the child’s daily life.
The High Court examined the record and reiterated that in custody and visitation matters, the welfare of the child remains the supreme consideration. The Court clarified that at the interim stage, it is not required to decide who is guilty or innocent. What matters is whether surrounding circumstances create a genuine concern for the child’s safety, emotional health, and stability.
The Court observed that continuous litigation, FIRs, and hostile disputes between parents can seriously affect a young child’s mental well-being and sense of security.
The Court also noted that several litigations were pending between the families, reflecting deep hostility. Such prolonged conflict, according to the Court, can itself harm a child during formative years. It held that the modified schedule does not completely deny the father access but regulates it in a balanced manner by keeping both physical meetings and virtual contact.
The High Court clearly emphasized:
“The welfare of the minor child is the paramount consideration, overriding all other considerations, including the convenience or preference of either parent.”
The Court further explained that even unresolved allegations, if serious in nature, can justify protective measures at the interim stage when the child’s emotional security or safety may be affected.
Finding no arbitrariness or legal infirmity in the Family Court’s exercise of discretion, the High Court dismissed the appeal and allowed the modified visitation arrangement to continue. The Court clarified that the order is purely interim in nature and may be revisited in the future if circumstances materially change.
This ruling once again reflects a hard legal reality in custody battles: even unproven allegations and ongoing conflicts can result in reduced access, as courts prioritise caution, stability, and child safety over parental assertions and emotional claims.
Explanatory table – laws & provisions involved
| Law / Provision | Purpose (Short) | Relevance in This Case |
| Protection of Women from Domestic Violence Act, 2005 | Provides protection and safety remedies in domestic disputes. | Mother filed DV applications based on alleged incidents affecting safety and stability. |
| FIR (Criminal Procedure) | Starts police investigation into alleged offences. | FIR was registered regarding alleged confrontation at the shared residence. |
| Family Court Jurisdiction | Decides custody, visitation and family disputes. | Family Court modified visitation schedule based on child welfare. |
| High Court Appellate Jurisdiction | Reviews legality and correctness of Family Court order. | High Court examined whether the modification order had legal error or perversity. |
| Paramount Welfare Principle | Child’s welfare overrides parental rights. | Visitation was reduced to protect child’s emotional and physical well-being. |
Case Details
- Case Title: Jagmeet Chopra vs Basant Sawhney
- Case Number: MAT.APP.(F.C.) 433/2025, CM APPL. 81004/2025 & CM APPL. 81005/2025
- Court: High Court of Delhi at New Delhi
- Dates:
- Judgment Reserved On: 22 December 2025
- Judgment Pronounced On: 09 January 2026
- Judgment Uploaded On: 09 January 2026
- Bench: Hon’ble Mr. Justice Anil Kshetarpal & Hon’ble Mr. Justice Harish Vaidyanathan Shankar
- Counsel for Respondent: Appeared in person
- Counsels for Respondent:
- Mr. Vaibhav Sharma, Advocate
- Ms. Urvashi Sharma, Advocate Mr. Vinayak Gautam, Advocate
Key Takeaways
- Visitation can be reduced without proven guilt, purely on allegations and surrounding disputes.
- Courts openly admit that “mother is not infallible”, yet fathers still bear the practical punishment.
- Interim orders quietly become long-term reality for fathers during endless litigation.
- Multiple cases and complaints can be used to justify shrinking a child’s access to her father.
- Welfare of the child is cited, but father–child bonding suffers first and longest.
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