Child is not a commodity: HC restricts UK resident’s visits to his son
The man, an IIT-Bombay alumnus, is visiting the city for a reunion at the institute and had sought custody of his son for three days
MUMBAI: The Bombay High Court on Monday refused a UK-based father’s request to have overnight custody of his 11-year-old son during his visit to Mumbai. The court held that the child’s studies cannot be disrupted by his father’s travel plans. The man, an IIT-Bombay alumnus, is visiting the city for a reunion at the institute and had sought custody of his son for three days.
The minor’s parents had gotten married in 2008 and moved to the UK in 2018. The couple had a son in 2014. Between 2021 and July 2023, the couple fought often and amid the serious disputes the husband allegedly assaulted the wife. When the duo decided to get separated, the man sought custody of his son, but his wife moved to India with the minor in July 2023. The husband then approached the Bombay High Court seeking custody and visitation rights.
In February 2025, the couple agreed to settle the matter amicably and made a joint statement before the court that they would explore mediation to solve their disputes. The high court then directed them to visit the mediation centre on March 5 and asked the officer-in-charge to appoint a mediator. However, the couple did not participate in the mediation process.
In September this year, the couple told the court that they were willing to reunite for the child’s sake. Keeping in mind the welfare of the child, the court then directed them to make sincere efforts to participate in the mediation process.
On Monday’s hearing, the father informed a division bench of Justices Bharati Dangre and Shyam C Chandak that he would be in India from December 15 to 30 and wished to meet his son daily. “I can pick him up everyday after his school gets over at 4:30”, he said. He also asked the court if he could take the child to his IIT-Bombay alumni reunion for three days. While the minor’s mother agreed to daily meetings, her advocate Wesley Menenzes argued that she objected to any disruption of the child’s academic routine.
The court allowed the father to meet his son daily but imposed certain conditions. “The child is not a commodity. He needs to freshen up after school. He must also have some homework to do. You cannot disrupt his studies for 15 days just for your visit”, the court said. The bench then permitted the father to meet the child from 6 pm to 8 pm every day after the child completes his routine.
Rejecting the father’s request for a three-day reunion visit, the court said, “It’s your reunion, not your child’s reunion. We do not think that the child must attend the reunion of his father with his friends everyday.” However, the court permitted the father to take the child with him to the reunion for one day and to ensure he is returned to his mother by 9pm.
The court also clarified that the father cannot take the child abroad under any circumstances during his visit. Since the order was passed in the presence of both parents, the court held that they are expected to strictly adhere to all conditions.
The Bombay High Court denied a UK father's request for overnight custody of his 11-year-old son during his Mumbai visit, prioritizing the child's education. While allowing daily meetings, the court emphasized that the child's academic routine must not be disrupted. The parents, who relocated to India amid disputes, previously agreed to mediation efforts for custody resolution.