The Supreme Court of India has recently reaffirmed the fundamental right of children to receive love and affection from both parents, regardless of whether the parents are separated or living in different countries. This significant ruling came in the context of a case involving a father seeking visitation rights with his nine-year-old son, who resides in Ireland with his mother.

In a judgment delivered on September 2, 2025, a bench comprising Justices Vikram Nath and Sandeep Mehta emphasized that a child's welfare is the primary consideration in custody disputes. The court underscored that every child has a right to the affection of both parents, irrespective of any personal conflicts between the parents. Denying such contact would deprive the child of the love, guidance, and emotional support of a parent.

The case involved a long-standing matrimonial and custody battle. The parents married in 2012 and had a son in 2016. The mother left the matrimonial home in 2017 and subsequently filed for divorce. The father then sought custody of their son. The Family Court initially allowed the father to meet the child twice a month at the child's school. However, these arrangements were disrupted when the mother moved to Ireland with the child. The father then appealed to the High Court of Punjab & Haryana, which dismissed his plea.

The Supreme Court overturned the High Court's order and directed that the father be allowed to interact with his son via video conferencing for two hours every alternate Sunday. The court specified that these video calls should take place between 10:00 AM and 12:00 noon (Ireland time). The court also directed both parents to cooperate in good faith to ensure smooth communication, resolving any technical or logistical difficulties while keeping the child's best interests paramount.

The Supreme Court acknowledged that the parents' conduct had not been ideal, but the child should not become a casualty of their conflict. The court emphasized that the emotional, mental, and physical well-being of the child must always come first and that the child should grow up in an atmosphere where he feels secure, loved, and cared for.

This ruling highlights the growing recognition of "parental alienation" (PA) in custody disputes. Parental alienation occurs when one parent consciously or unconsciously manipulates a child into unjustifiably rejecting the other parent. Although "parental alienation" is not explicitly mentioned in Indian statutory laws, family courts are increasingly recognizing it as a form of emotional abuse that influences child custody decisions. Some experts estimate that parental alienation affects over 82,000 children annually in India.

The Supreme Court's decision underscores the importance of maintaining a child's relationship with both parents, even when they live in separate countries. It sends a clear message that the child's right to love, guidance, and emotional support from both parents must be protected.