Manoj Dhankar v. State of NCT of Delhi: Supreme Court on Virtual Visitation When Child Lives Abroad (2025)
Court: Supreme Court of India | Date: 17 November 2025.
Why this judgment matters
International relocation can make conventional weekend visitation impossible. This case is important because it recognizes that physical distance does not justify allowing the parent-child relationship to disappear. Technology can be incorporated into judicial access arrangements.
Background
The custody dispute involved a child residing abroad with the mother while the father sought continuing contact. The practical question was how meaningful access could be preserved when ordinary physical visitation could not operate in the same manner as a domestic custody case.
Supreme Court’s welfare approach
The Court treated contact with the non-custodial parent as part of the broader welfare analysis. A child living in another country may still benefit from regular communication with the parent in India. Virtual interaction is not identical to physical parenting time, but it can preserve continuity until in-person contact becomes possible.
What effective virtual visitation requires
- a fixed weekly schedule rather than uncertain calls;
- a reasonable duration appropriate to the child’s age;
- privacy so the child can communicate freely;
- cooperation by the custodial parent;
- adjustment for school and time-zone differences;
- supplementary physical visitation during travel or holidays where feasible.
Why this matters in NRI cases
Virtual visitation is increasingly important where children live in the United States, Canada, UK, Europe, Gulf countries or elsewhere. It also provides an interim bridge while courts decide relocation, passport, guardianship or foreign-decree issues.
Enforcement problems
A virtual-access order is meaningful only if implemented. Repeatedly claiming that the child is asleep, unavailable or unwilling may require judicial scrutiny if the pattern effectively destroys the ordered relationship. Courts may consider more precise timings and facilitation duties.
Virtual contact is not a complete substitute
Where safe and practicable, in-person interaction remains important. Video calls should not become a convenient device to permanently reduce a parent to a face on a screen where physical access can reasonably be arranged.
Practical litigation strategy
An applicant should propose exact days, local times in both countries, call duration, communication platform, holiday contact and a fallback arrangement if a scheduled call fails. Precision makes enforcement easier.
Related resources
See our Visitation Rights guide, Child Custody Judgments hub and Father’s Rights in Child Custody.
FAQs
Can an Indian court order video calls with a child abroad?
Courts can structure virtual contact as part of access arrangements where it serves the child’s welfare.
What if the custodial parent does not facilitate calls?
Persistent non-compliance can be brought back before the competent court for appropriate directions.
Does virtual visitation replace physical visitation?
Not necessarily. It often supplements or bridges physical access where distance makes frequent meetings impracticable.
Research note: Consult the full Supreme Court order for the precise directions and factual record.