New Rights in Child Custody | Supreme Court Landmark Judgement on Child Custody | Legal Gurukul

Child custody is one of the most challenging aspects of divorce. It has a direct impact on both parents, their children, and the well-being of that child. This is why it is important to understand how child custody law works in India. In this supreme court landmark judgement, the supreme court upheld the custody rights to the father. The supreme court also provided new rights in this child custody case. Apart from visitation rights, the supreme court also provided contact rights to the parent, where in it was directed that child should be allowed to have a video call with the mother on daily basis.

The Importance of Contact Rights in Child Custody Arrangements
While "visitation rights" are a well-established concept in child custody cases, the term "contact rights" emphasizes a broader approach to maintaining a healthy parent-child relationship, especially when parents live far apart.

Why Child Contact Rights Matter:

Development of the Child: Regular contact with both parents, regardless of distance, is crucial for a child's emotional well-being and sense of security (best interests of the child, a principle emphasized in many Supreme Court judgements).

Bridging the Distance: For geographically separated families, video calling allows for more frequent and meaningful interactions, exceeding the limitations of traditional visitation schedules.

The Power of Video Calling: Video calling offers the closest alternative to in-person interaction, fostering a visual connection and emotional exchange that can significantly benefit children.

The Daily Connection: Many courts are recognizing the potential of short, daily video calls (ideally 5-10 minutes) between a non-custodial parent and their child. This frequent contact strengthens the bond and provides a sense of stability and routine, aligning with the "best interests of the child" principle.

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Judgement Link
Yashita Sahu v. State of Rajasthan (Supreme Court) Child Custody
https://drive.google.com/file/d/1YTwU...

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Advocate Piyush Mittal, LLB. LLM
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