CUTTACK: In a significant ruling on child custody and parental visitation, the Orissa High Court on Monday set aside a Family Court order that had denied a father the right to meet his minor son, terming the refusal as “unjust and contrary to the settled position of law”.
Justice Sanjay Kumar Mishra directed the Family Court, Cuttack, to reconsider the plea of the petitioner Sanjay Sharma afresh, in consultation with both parties and their counsel. The matter pertains to the custody of the seven-year-old son who is presently residing with his mother Sakhi Sharma.
Justice Mishra observed that visitation right is an important right of either of the parents to see their children. The dispute arose after the child, originally in his father’s custody as per an informal understanding between the estranged parents, was taken away by the mother from his school in February 2024.
Since then, the father has reportedly been denied any communication with the child, prompting him to approach the Family Court under Section 6 of the Hindu Minority and Guardianship Act, 1956. However, his application was rejected on March 24 this year, citing the absence of a neutral venue and concerns over “untoward incidents”.
The high court had earlier granted interim relief, allowing daily WhatsApp or phone calls between the father and child. During an in-camera interaction on August 12, the judge noted a disturbing exchange when the child, initially in tears, stated in Hindi, “Bahar jo Uncle khade huein he unse dar lagta hai,” referring to his biological father as an “Uncle”.
When asked the name of his father, he surprisingly named Ashok Lodha, his mother’s current husband. The court remarked that the child’s fear appeared to be “almost unbelievable and seems to be the outcome of being tutored by his mother”.
Setting aside the Family Court’s order, the high court directed that a fresh order be passed within three weeks, deciding the time, frequency, and manner of the father’s visitation, while maintaining child safety and decorum. Pending the new order, the existing interim arrangement of daily phone or WhatsApp calls will continue.
