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Bombay High Court news: The Bombay High Court has flagged what it described as the “possessiveness” of a mother towards her eight-year-old son while hearing a custody and visitation dispute, observing that excessive resistance to the father’s access could emotionally distance the child from him and adversely affect the boy’s development.
A bench of Justices Bharati Dangre and Manjusha Deshpande was hearing an interim application filed by the father in a pending family court appeal seeking vacation access to his minor son during the summer break from May 1 to May 31.
“What we have noted is, the possessiveness of the mother, the custodial parent and we are informed by the learned counsel representing the wife that the child has been referred to a Psychologist. We really find this to be disturbing as had the child been permitted to enjoy the company of both his parents i.e. mother and father and since we are of the view that the presence of both the parents in the life of the child is of great significance, which assist him in developing into a healthy individual, and if this would be permitted, probably there would be no need for the child to be referred to Psychologist,” the court said on May 6.
Referring to earlier proceedings in the family court appeal, the Bombay High Court noted that on July 24, 2025, it had encouraged the parties to explore an amicable settlement and evolve a joint parenting plan in the interest of the child.
The court also took note of another order dated March 7, 2025, under which the father had been granted visitation rights every Sunday between 10 am and 5 pm.
According to the Bombay High Court, the mother had then expressed willingness to facilitate such access. However, the counsel appearing for the father argued that the arrangement was not being implemented properly and that the access granted on paper was being frustrated in practise.
The court expressed concern that the mother was allegedly not adhering to her earlier undertaking to permit regular visitation. It reiterated that previous orders showed the court’s continued effort to establish a workable joint parenting programme for the welfare of the child.
The Bombay High Court permitted the father to keep the child with him from May 15 to May 20 and again from June 1 to June 6. He was directed to pick up the child from the mother’s residence at 9 am and return him at 6 pm on the final day of each access period.
The court also directed that while the child remained with the father, the mother must be allowed telephonic and video interaction with the child and that such communication should not be obstructed.
In addition, the Bombay High Court also directed the mother to continue complying with the earlier visitation arrangement under which the father would have access to the child every Sunday between 10 am and 5 pm, subject to him picking up the child from her residence.