Both Parents’ Love Is A Basic Human Right: Jharkhand High Court Upholds Father’s Visitation Rights Despite Denying Child Custody

JHARKHAND: The Jharkhand High Court has held that a child's right to receive love, affection, care and protection from both parents is a basic human right, even when the parents are living separately.

A Division Bench of Justice Sujit Narayan Prasad and Justice Akhil Kumar upheld a Family Court order denying interim child custody to a father. However, the Court emphasised that the father must have meaningful contact with his minor son.

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The couple married in 2012 and had a son in 2021. According to the husband, his wife left their matrimonial home in August 2023 without sufficient reason and took their child with her.

The father alleged that his wife was involved in an extramarital relationship and had stopped him from meeting their son. He claimed that he had always provided financial support, care and affection to his family.

He approached the Family Court seeking interim custody of his minor son, arguing that he was the natural guardian and financially capable of providing better education and upbringing.

In September 2024, the Family Court rejected his custody request but granted him visitation rights for two hours every month, along with permission to communicate with his son through WhatsApp.

Unhappy with the limited visitation arrangement, the father challenged the order before the Jharkhand High Court.

Appearing for the father, Advocate Nikhil Ranjan argued that his client was emotionally attached to his son and financially capable of securing the child's future. He also submitted that the mother had no independent income and depended on her family.

Advocate Manoj Kumar Choubey, representing the mother, opposed the appeal. He argued that financial stability alone could not determine child custody and alleged that the husband had physically mistreated his wife.

The High Court examined both sides and held that the child's welfare must be the paramount consideration in custody disputes, regardless of either parent's financial position or legal status as natural guardian.

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The Bench made an important observation regarding the right of a child to receive love and affection from both parents:

“The petitioner (man) is the biological father of the child, who is now aged about 5 years and six months, and for proper upbringing of the child, he requires love, affection, care, company and protection of both parents, and it is not only a requirement of the children, but it is their basic human right,”

The Court explained that being a natural guardian does not automatically give a father the right to physical custody if another arrangement better protects the child's welfare.

It further observed:

“The court is to intervene and make decisions that protect the child’s welfare, even if it means overriding the wishes of the parents or guardians.”

While examining the child's welfare, the Court stated that it depends neither on economic affluence nor on a deep mental or emotional concern for the well-being of the child.

The Bench added:

“The answer depends on the balancing of all these factors and determining what is best for the child’s total well-being.”

The High Court found that transferring the child from his mother's existing custody could negatively affect his mental and psychological well-being.

However, the Court also recognised that denying physical custody to a father should not deprive the child of a meaningful relationship with him.

It emphasised that custody arrangements should not result in the other parent losing “social, physical and psychological contact” with the child.

The Bench directed the Jharkhand State Legal Services Authority (JHALSA) to facilitate and monitor the father's visitation rights, ensuring that he could meet his son smoothly and without unnecessary difficulties.

The Jharkhand High Court disposed of the father's appeal, maintaining the mother's custody of the minor son while protecting the father's continued involvement in the child's life.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Father's Visitation Rights Protected: Jharkhand HC directed JHALSA to ensure meaningful father-son contact.
• Both Parents' Love Is a Basic Human Right: A child deserves care, affection and protection from both parents.
• Father Denied Child Custody: The Court maintained the mother's custody despite the father's appeal.
• Father's Financial Stability Not Enough: Child welfare, not income alone, determines custody decisions.
• Separation Cannot Erase Fatherhood: Losing physical custody should not mean losing the father-child relationship.