Child Custody Judgments in India: Supreme Court & Delhi High Court Case Law 2026

Psychological Testing of Children in Custody Litigation — Supreme Court, 11 June 2026

Issue: When may a Family Court direct psychological assessment of a child in a contested custody dispute?

Principle: Direct psychological evaluation of a child should not become routine. Courts should examine whether assessment is demonstrably necessary, proportionate and minimally intrusive, and should consider parental assessment and existing therapeutic material before subjecting the child to further examination.

Why it matters: The decision is important wherever parental alienation or psychological manipulation is alleged. It discourages unsupported labels and protects children from becoming objects of repeated forensic assessment.

Virtual Visitation Where Child Lives Abroad — Supreme Court

Issue: Can geographical relocation eliminate the non-custodial parent’s relationship with the child?

Principle: Physical distance need not extinguish parental access. Courts can preserve the relationship through structured video interaction where physical visitation is impracticable.

Litigation significance: Particularly relevant to NRI custody, relocation and cases where a child is living outside India.

Poonam Wadhwa v. Ajay Wadhwa — Supreme Court, 25 November 2025

Issue: Whether working from home gives one parent an automatic custody advantage.

Principle: Employment arrangements are only one factual circumstance. Welfare, the child’s comfort, stability and actual caregiving environment remain central. The Court continued the mother’s visitation while allowing the existing custody arrangement with the father to operate.

Cross-Border Interim Custody and Conduct Before Courts — Supreme Court, 2025

Issue: Interim custody where international movement and inconsistent conduct before Indian and foreign courts were alleged.

Principle: International custody disputes remain child-welfare proceedings. Conduct affecting stability, compliance and the integrity of the judicial process can be material to interim arrangements.

Immediate Compliance With Child-Visitation Directions — Supreme Court, 2026

Issue: Enforcement and implementation of visitation orders.

Principle: A visitation order must operate in practice, not merely exist on paper. The case is significant for parents facing repeated obstruction of court-directed access.

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Amritesh Jatia v. Vidhi Jatia — Delhi High Court, 22 June 2026

Neutral Citation: 2026:DHC:5154-DB | Case: MAT.APP.(F.C.) 210/2026

Issue: Interim time with children and objections based on apprehended travel risk.

Principle: Restrictions on parent-child contact require a factual foundation. Practical safeguards can sometimes address travel concerns instead of eliminating meaningful access.

Jasjit Singh Mangat & Anr. v. Union of India & Ors. — Delhi High Court, 23 April 2026

Neutral Citation: 2026:DHC:3632-DB | Case: W.P.(CRL) 1183/2025

Issue: Habeas corpus where a child had been taken to the USA and disputed facts required detailed examination.

Principle: Habeas corpus is not a universal substitute for guardianship proceedings. Where determination requires detailed welfare inquiry and consideration of the child’s preference, remedies under the Guardians and Wards Act or applicable guardianship law may be appropriate.

Relocation Abroad, Mother’s Education and Modified Visitation — Delhi High Court, 2026

Issue: Whether a parent may relocate abroad for higher education while custody litigation is pending.

Principle: Courts may balance the relocating parent’s legitimate personal development with the child’s welfare and the other parent’s continuing relationship by restructuring visitation and virtual access.

Suman Sankar Bhunia v. Debarati Bhunia Chakraborty — Delhi High Court, 2026

Neutral Citation: 2026:DHC:549-DB

Issue: Visitation obstruction and parental alienation.

Principle: The parent having physical custody may have an affirmative role in facilitating court-ordered visitation rather than allowing the child-parent relationship to deteriorate through obstruction or alienating conduct.

Uniform Parenting Plan / Child Access Guidelines — Delhi High Court, 4 February 2026

Issue: Request for standardized custody, guardianship and visitation parameters in Delhi.

Development: The Court permitted a detailed representation to the Registrar General for consideration by the appropriate committee/authority. The litigation highlights the growing policy debate around structured parenting plans and consistent child-access standards.

International Flight Risk and Custody With Father — Delhi High Court, 2025

Issue: Risk that a child could be removed from Indian jurisdiction.

Principle: Welfare and stability can outweigh generalized assumptions based on the age or sex of the child. A genuine risk of defeating pending proceedings by international removal can materially affect custody arrangements.