Landmark Visitations Rights Decision

In a recent legal development, the High Court made a landmark decision regarding visitation rights in custody matters. The court’s analysis focused on ensuring the child’s welfare as the top priority, and emphasized the importance of creating a comfortable and natural environment for parent-child interactions. This ruling sets a precedent for future custody cases and underlines the significance of considering the child’s best interests in such legal proceedings.


  • An order dated 13 May 2019 was passed by the High Court of Judicature at Allahabad, Lucknow Bench.
  • The petition filed by the mother for custody of her child was dismissed.
  • Visitation rights were granted to the mother.

Also Read: Court’s Jurisdiction in Re-appraising Arbitrator’s Findings


  • Summer vacations over 15 days: Mother entitled to take child for 7 days after 30 April
  • Birthday of child: Parents to spend time together, if not, mother gets custody for 8 hours in first half, grandparents in second half
  • Mother can take child for holidays during vacations
  • After 8 weeks: Mother entitled to keep child on weekends from Saturday 10:00 am to Sunday 5:00 pm
  • Festivals: Child with grandparents in morning, with mother for at least 4 hours in the evening
  • Mother’s name to be in school records, attend all functions, and be informed about child’s progress
  • Contact rights: Mother can make video or phone calls daily for 10 minutes between 7:30 pm to 8:30 pm
  • Visitation rights should be granted in a way that allows the child and the visiting parent to meet in a comfortable and natural setting, not in an office environment.
  • Suitable locations for visitation can include the home of the parent, a park, a restaurant, or any other place where the child and parent feel at ease.
  • In the specific case discussed, the child lives with her grandparents in Lucknow, Uttar Pradesh, and the mother has been granted visitation rights for two hours per month.
  • The High Court directed that the visits can take place either at the Office of Secretary, District Legal Services Authority in Lucknow, or at a location agreed upon by both parties. In case of disagreement, the meetings will occur before the District Legal Services Authority in Lucknow.
  • It is emphasized that the welfare of the child is paramount in custody matters, and the visitation arrangements should prioritize the child’s well-being.
  • The appellant wife is at liberty to move the appropriate court for custody of the child under the Guardians and Wards Act 1890.

Also Read: Contrary Directions in Issuance of Letter of Intent


  • Disposed of the appeal with the mentioned directions
  • Court can increase the period of visitation rights for the mother if needed
  • Visitation rights can be increased pending disposal of the custody petition

Also Read: Application for Stay in Civil Suit Rejected: Court’s Legal Analysis


Case Number: C.A. No.-002067-002067 / 2020

Click here to read/download original judgement

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