Female Court Commissioner Required During Interim Visitation; Weeklong Stays Kept in Abeyance

A bench of Justices Vikram Nath and Prasanna B. Varale heard a Special Leave Petition challenging a Chhattisgarh High Court order that expanded visitation rights of a father in a custody dispute concerning a girl of about thirteen years. The appeal arose from an order of the Family Court, Durg and the subsequent judgment of the High Court dated 11.05.2022, which retained sole custody with the mother but enlarged the father’s physical and virtual access.

The Supreme Court allowed the High Court’s visitation regime to remain in force during pendency of the petition but modified it to protect the child’s safety. The Court ruled that weeklong and overnight stays could not be permitted in the interim and directed that all physical visits specified by the High Court be supervised by a female court-appointed Commissioner. The Court observed that mutual cooperation between parents remained essential and that safety concerns could not be ignored. The Court, in its reasoning, observed: “Such an arrangement strikes a fair balance between the child’s need for stability, her safety and welfare, and the respondent’s right to meaningful involvement in the child’s life. Both parents are reminded of their duty to prioritize the child’s welfare and work collaboratively to create a nurturing and supportive environment for the child.” The Court also noted that “The weeklong and overnight stays cannot be allowed in the interim, since the challenge of the petitioner no.1 before this Court is mainly on those arrangements and thus the issue remains open for hearing before us.”

Background The parties married on 16.01.2007; their daughter was born on 12.01.2012. The parties lived separately since 2016 and the child resided with the mother, who acted as the primary caregiver. The Family Court awarded sole custody to the mother and granted the father limited visitation—one and a half hours on the first Sunday of every month and certain holidays. The father appealed, seeking joint custody or extended visitation. The High Court retained sole custody with the mother but expanded visitation to include weekly video calls (one hour each on Saturdays and Sundays and short daily calls), fortnightly physical meetings (the child to be produced before the Family Court and allowed with the father for the day), shared vacation time, and short festival interactions.

The mother challenged the High Court’s modified arrangement before the Supreme Court, citing disruption to the child’s routine, potential adverse academic impact, and alleged past abusive behavior and criminal charges against the father. The father contended that the mother had alienated the child and that extended and regular contact was necessary for the child’s development.

On 02.06.2022 the Supreme Court issued notice and kept the weeklong vacation clause in abeyance initially, modifying it to permit a one-day vacation from 9.00 a.m. to 9.00 p.m. During final hearing on interim relief the Court declined to adjudicate the merits of the parties’ serious allegations—several related cases remained pending—but held that the child’s welfare and safety must be paramount. The Court therefore permitted continuation of the High Court’s visitation schedule during pendency, subject to the exclusion of weeklong and overnight stays and subject to supervision by a female Commissioner appointed by the Family Court. The Commissioner was to be present at all times during physical visits, which were to occur in public places only. The Family Court at Durg was directed to appoint the Commissioner within four weeks. The petition was listed after two months.

Case No.: 2025 INSC 99 Case Title: Ruhi Agrawal & Anr. v. Nimish S. Agrawal Appearances: For the Petitioner(s): [Counsel not indicated in the order] For the Respondent(s): [Counsel not indicated in the order]