Supreme Court Intervenes in Child Access Battle, Emphasizes Child's Well-being and Parental Decorum.


17 October 2025 Child Custody >> Family Law  

The Supreme Court of India, on October 17, 2025, passed a sympathetic but firm order in the ongoing matrimonial case between Disha Gupta (Petitioner/Wife) and Gaurav Batra (Respondent/Husband), bringing to the fore the plight of six-year-old minor child Aryan. The Bench of Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice K.V. Viswanathan heard an Interlocutory Application (IA) presented by the father for specific access on the occasion of festivals and the birthday of the child.

The Court classified the issue as one of those "unfortunate litigations" in which the child ends up being the victim, a common and unpleasant refrain in family law.

 

 

Directions regarding Child Access during Diwali:

The father had moved the IA for access to the child, Aryan, to his house on Diwali (October 20, 2025), and the paternal grandparents, to enjoy the festival and have Puja.
The personally present mother very firmly resisted the application for the child to spend time alone with the father or his family.
In order to "balance the situation," the Supreme Court ordered an alteration to the current interim access arrangement (fixed through an order of April 23, 2025, which imposed joint custody on the first and third Saturday/Sunday):
  • Joint Puja: The father and mother will take Aryan to a local temple on the day of Diwali, that is, October 20, 2025 (Monday), in order to perform Puja.
  • Grandparent Participation: Paternal grandparents are allowed to accompany them to the temple.
This course of action tactically gives the child a celebratory, religious experience with both families in a public, neutral venue, resolving the mother's issues while allowing the father's wish for a celebratory interaction.

Conditional Access and Return of Wife's Articles:

The most controversial aspect of the order is regarding the denial by the husband to return the personal effects of the wife. The Court observed with distaste that ever since the wife departed from the matrimonial home in 2022, the husband "has not allowed her wife to pick up her clothes from her matrimonial home and other items."

The Bench very firmly underscored that although "Marriages do fail," the parties should not "stoop down to such a level." One can feel the Court's dismay at this failure of simple courtesy in the order.

In a strong judicial statement, the Court made the continuation of the access arrangement depend upon the husband's prompt compliance:
  • Condition Precedent: The current directions for access, including the new Diwali setup, will apply only if the husband transfers all the clothes to his wife together with other items within 24 hours from the time of the order.
This connection is a powerful message that a party requesting equitable relief from the Court also has to subscribe to the basic standards of good conduct and fair dealing, even beyond the immediate context of child custody.

Conclusion and Judicial Expectation:

The Supreme Court, by dismissing the IA on these directions, gave a much-needed template for civil behavior within a failed marriage. The order is a classic example that, in family issues, the Court prefers ensuring the emotional tranquility of the child through shared experience and employs its powers to provide a measure of decorum and equity between the separated spouses. The implicit message is clear: the interest of the child and duty of the parents outweigh personal petty rancor.