Child Custody at Saket Family Court, Delhi: Interim Custody, Visitation, Relocation, Passport & Parenting Plan Guide 2026

Child-custody litigation at Saket Family Court can arise within divorce proceedings or through separate guardianship proceedings. The central legal principle is the welfare of the child. Parental rights, financial disputes and allegations between spouses are relevant only to the extent they bear on the child’s safety, stability, development and relationship with each parent.

Section 26 of the Hindu Marriage Act, 1955 permits orders concerning custody, maintenance and education of minor children in matrimonial proceedings. Separate proceedings may arise under the Guardians and Wards Act, 1890 and applicable personal law.

Interim custody while the main case is pending

Interim orders can be passed before final adjudication. The court may regulate where the child resides, visitation, school pickups, holidays, video calls, medical decisions and handovers. An interim arrangement should reduce disruption and create a predictable routine.

A useful interim proposal identifies days, times, handover points, transport responsibility, communication rights and a mechanism for missed visitation. General phrases such as “reasonable access” may be difficult to enforce.

Visitation and meaningful contact

In Yashita Sahu v. State of Rajasthan, (2020) 3 SCC 67, the Supreme Court emphasised meaningful contact between a child and the non-custodial parent where consistent with welfare. Courts can structure physical visitation, video calls or a phased arrangement.

Where relations between parents are highly conflictual, neutral handover locations, school-based transfers or supervised access may reduce confrontation.

Schooling and continuity of care

School continuity can be a major custody factor. Courts may examine the child’s current academic environment, travel time, special educational needs, availability of parents, medical needs and the disruption caused by a proposed change.

Orders or settlements should clearly allocate tuition, transport, books, uniforms, activities, medical expenses and extraordinary costs. Child-related financial obligations are distinct from spousal maintenance.

For financial issues at Saket, see Maintenance at Saket Family Court.

Relocation to another city

Relocation is fact-sensitive. The court may examine the purpose of the move, housing and school arrangements, support systems, distance from the other parent and the feasibility of maintaining meaningful contact.

The parent opposing relocation should address the child-focused consequences rather than simply the inconvenience to the parent. The parent proposing relocation should offer a workable access plan.

Passport and international travel

International travel disputes can involve passport custody, consent, itinerary sharing, visa documentation, return dates, foreign residence and enforcement concerns. Existing court orders should be checked before either parent makes unilateral travel arrangements.

A detailed order may allocate passport possession, specify consent timelines, identify travel periods and preserve longer holiday access for the parent remaining in India.

Parenting plans: what should they contain?

A comprehensive parenting plan can reduce repeated litigation. Depending on age and circumstances, it may address weekly schedules, weekends, festivals, birthdays, school holidays, vacations, video calls, handover logistics, medical decisions, school access, travel, extracurricular activities and expense sharing.

Where both parents live in Delhi, practical details such as school-day transport and traffic time matter. Where one parent lives outside Delhi, longer holiday blocks and structured virtual contact may be more workable than frequent short visits.

Allegations of parental alienation

Courts may examine conduct that undermines the child’s relationship with the other parent, but such allegations require careful evidence. Not every reluctant child is being alienated, and not every access difficulty proves obstruction. The child’s age, history, reasons for reluctance and the parents’ conduct all matter.

Where appropriate, counselling, phased access or neutral professional support may assist.

Custody within mutual or contested divorce

Custody can arise in either mutual-consent or contested divorce. In a mutual-consent case, parties may present an agreed parenting plan, but the arrangement remains subject to the child’s welfare. In contested litigation, interim custody and access may require evidence and repeated review as circumstances change.

See Mutual Consent Divorce at Saket Family Court and Contested Divorce at Saket Family Court.

Saket jurisdiction and filing context

Current Delhi District Courts material confirms South and South-East Family Courts function at Saket. The competent court in an individual custody dispute must still be identified from the applicable statute, the child’s residence, pending matrimonial proceedings and other jurisdictional facts.

For the court-wide resource, see Saket Family Court, Delhi: Divorce, Maintenance, Custody & Filing Guide.

Documents commonly useful

• child’s birth and identity records;
• school reports, attendance and fee records;
• medical records;
• proof of current residence and caregiving arrangements;
• existing custody, visitation, DV or matrimonial orders;
• communications about access and handovers;
• passport, visa and travel records where relevant;
• proposed relocation details;
• child-expense records; and
• a clear parenting chronology.

Frequently asked questions

Authoritative sources

• Hindu Marriage Act, 1955 — India Code
• Guardians and Wards Act, 1890 — India Code
• Delhi District Courts

Author: Adv. Govind Bali, Fastrack Legal Solutions LLP.