Father Gets Major Relief From Rajasthan High Court; Weekly Weekend Custody Of 5-Year-Old Daughter To Continue
Curated by NEWS DESK
Editorial DeskRAJASTHAN: The Rajasthan High Court has granted major relief to a father by allowing him to continue weekly weekend custody of his minor daughter while the main custody case remains pending. The father can take his daughter home every Friday at 2 PM and return her to the mother by Sunday at 7 PM.
A Division Bench of Justices Arun Monga and Yogendra Kumar Purohit passed the order on 27 October 2026, while disposing of an appeal filed by Mohit Aggarwal against the restrictions imposed on his visitation rights.
The dispute began when Family Court No. 2, Sri Ganganagar, passed an order on 11 November 2024, allowing the father to meet his daughter only twice a month, on the second and fourth Monday, within the court premises.
The father challenged this order before the High Court, seeking unsupervised visitation rights, joint custody and shared parenting. He argued that such limited meetings failed to protect his daughter's right to receive love, care and affection from both parents.
On 4 July 2025, the High Court granted the father interim weekend custody, allowing him to take his daughter home every Friday after school and keep her until Sunday evening.
The Court directed:
"Thus, in the interest of justice, it is directed that the petitioner-husband shall pick up the girl child from the respondent-wife’s place on every Friday, after school hours, i.e., at 2:00 P.M. and take her to his home."
However, the father later filed a contempt petition, alleging that the mother repeatedly denied him custody and visitation after relocating with their daughter from Sri Ganganagar to Ellenabad, Haryana.
The mother's counsel denied any deliberate violation, explaining that she had moved to Haryana for B.Ed. training and that certain visits were missed because the child was unwell. He also informed the Court that the mother had returned to Sri Ganganagar.
The High Court acknowledged that the relocation had made it difficult to exercise the father's visitation rights. However, it accepted the mother's explanation and found no deliberate violation of its orders.
Read Also:- Child Custody Legal Guide: Can School Remove Father’s Name From Records?
The Court dropped the contempt proceedings after being informed that the mother would comply with the weekend custody arrangement, subject to genuine exceptions beyond her control.
Importantly, the High Court stressed that children should not become victims of parental disputes and that both parents must protect their emotional well-being.
The Court observed:
"It is expected that neither parent shall use the child as a means to settle personal scores, as such conduct may adversely affect the emotional well-being of the child."
While deciding the father's custody appeal, the High Court noted that both parties were satisfied with continuing the weekend custody arrangement.
Accordingly, the Bench made the interim weekend custody order absolute during the pendency of proceedings before the Guardian Judge, replacing the earlier restriction of only two court-supervised meetings per month.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Application In This Case |
|---|---|---|
| Section 7, Family Courts Act, 1984 | Gives Family Courts jurisdiction over guardianship, custody and access to minor children. | The child's custody proceedings were pending before the Family Court at Sri Ganganagar. |
| Section 19, Family Courts Act, 1984 | Provides for appeals against eligible judgments and orders of Family Courts. | The father challenged the Family Court's restricted visitation order before the Rajasthan High Court. |
| Section 17, Guardians and Wards Act, 1890 | Requires courts to consider the minor's welfare when appointing or declaring a guardian. | The child's welfare was central to the dispute over custody and visitation. |
| Section 25, Guardians and Wards Act, 1890 | Deals with the return of a ward who has left or been removed from a guardian's custody, where the court considers the return beneficial to the child. | Relevant to custody disputes generally, but the High Court did not expressly apply this section. |
| Section 2(b), Contempt of Courts Act, 1971 | Defines civil contempt, including wilful disobedience of court orders. | The father alleged repeated non-compliance with visitation orders. The High Court found no deliberate violation and dropped the contempt proceedings. |
| Section 12, Contempt of Courts Act, 1971 | Provides punishment for contempt of court, subject to statutory conditions. | No punishment was imposed because the contempt proceedings were dropped. |
CASE DETAILS
| Particular | Details |
|---|---|
| Case Title | MA v. HA |
| Court | Rajasthan High Court, Jodhpur |
| Bench | Justice Arun Monga and Justice Yogendra Kumar Purohit |
| Order Date | 27 October 2026 |
| Neutral Citation | 2026: RJ-JD:52512-DB |
| Main Appeal | D.B. Civil Miscellaneous Appeal No. 3200/2024 |
| Contempt Petition | D.B. Civil Contempt Petition No. 12/2026 |
| Original Family Court | Family Court No. 2, Sri Ganganagar |
| Counsel For Father | Advocate Apurva Chordia; Mohit Aggarwal |
| Counsel For Mother | Advocate Hamir Singh Sidhu |
| Final Decision | Father's appeal disposed of; weekend custody arrangement continued during pending custody proceedings; contempt proceedings dropped |
KEY TAKEAWAYS
- Father Wins Weekend Custody Battle: Rajasthan High Court ensures the father gets his daughter every Friday to Sunday.
- Two Courtroom Meetings Were Not Enough: Father's fight against restricted visitation secures regular, unsupervised weekend custody.
- Father's Love Cannot Be Ignored: High Court recognises the importance of both parents' love, care and affection in a child's upbringing.
- Child Cannot Be Used To Settle Scores: High Court warns both parents against dragging their daughter into personal disputes.
- Father's Custody Rights Protected: Weekend custody continues until the pending guardianship proceedings are decided, ensuring the father remains part of his daughter's life.
Share Your Thoughts
Comments are moderated before publication.