CUTTACK: In a significant order on visitation rights, the Orissa High Court has ruled that a father and grandparents cannot be denied access to a child in the absence of exceptional circumstances, while setting aside a Family Court order that had refused visitation to a father seeking to meet his infant son.
The single judge bench of Justice Sanjay Kumar Mishra delivered the judgment on October 28, in a petition filed by Saurav Raiguru, who had challenged the Family Court, Cuttack’s order dated March 20, 2025, rejecting his plea for visitation rights to meet his one-year-and-10-month-old son Shlok.
Reiterating that the welfare of the child is of the paramount consideration, Justice Mishra said he is entitled to the love, care and companionship of both the parents and access should ordinarily be allowed unless exceptional circumstances justify otherwise.
Justice Mishra underlined the crucial role of grandparents in a child’s development, noting that they form an integral part for upbringing of children.
Saurav and Ananya were married on April 2, 2021, in Cuttack and later moved to Bengaluru, where their son was born on December 29, 2023. On January 18, 2024, Ananya allegedly left the matrimonial home along with the infant without her husband’s consent. An FIR was later lodged on February 28, 2024, at the Mahila Police Station in Cuttack, alleging offences under Sections 498(A)/354/307/34 IPC and Section 4 of the Dowry Prohibition Act against Saurav and his parents. The HC set aside the order and directed that both the father and grandparents be granted reasonable visitation rights.
