A bench of Justices Deepak Gupta and Aniruddha Bose said most courts while granting custody to one spouse do not pass any orders granting visitation rights to the other spouse.

“A child, especially a child of tender years requires love, affection, protection of both parents... Just because the parents are at war with each other, does not mean that the child should be denied the care, affection, love or protection of any one of the two parents...,” the bench said.

The SC, while adjudicating the custody battle of a US-based NRI couple, said even if custody is given to one parent, the other parent must have sufficient visitation and contact rights. The court said it is only in extreme circumstances that one parent should be denied contact with the child and courts must assign the reason.

“ Unless there are special circumstances to take a different view, the parent denied custody of the child should have the right to talk to his/her child for 5-10 minutes everyday,” the bench said. The court passed the order on a plea filed by a wife challenging order of the Rajasthan HC which directed her to go back to US to subject herself to court proceedings there on custody of two-and-half year-old daughter.

She had left the US with her child despite a US court directing her not to leave the country. The bench agreed with the contention of husband’s lawyer Prabhjit Jauhar who said it was his wife who initiated proceedings in the US court and the case must be adjudicated by that court. In case she refuses to go, the court directed that she then has to hand over the child to her husband or in-laws before the Register General of HC on February 3. “In case the child goes to USA with the husband or either of his parents, the husband shall ensure that the child talks to her mother through video calling facilities everyday,” the court said.