Suman Sankar Bhunia v. Debarati Bhunia Chakraborty: Visitation Rights, Parental Alienation & Duty to Facilitate Access

Case Details

Why the Judgment Is Important

Obtaining a visitation order is often only the first stage of a custody dispute. The harder problem arises when access repeatedly fails in practice: the child refuses to meet the non-custodial parent, handovers become confrontational, calls are unanswered or one parent alleges that the child has independently rejected the other parent. Courts then have to determine whether the child’s reluctance is genuine, situational or the product of sustained alienating conduct.

This decision is important because it treats visitation as an arrangement that requires active implementation. A parent with physical custody cannot necessarily remain passive while the child’s relationship with the other parent collapses.

Understanding Parental Alienation in Litigation

Parental alienation is frequently alleged in matrimonial litigation, but the label should not substitute for proof. Courts may examine patterns: whether scheduled meetings are repeatedly cancelled, whether the child is exposed to adult allegations, whether telephone or video access is obstructed, whether the custodial parent encourages or discourages contact, and whether the child’s expressed hostility appears disproportionate to their direct experience.

At the same time, genuine allegations of abuse, neglect or unsafe behaviour must not be dismissed merely by calling them alienation. The welfare inquiry requires the court to distinguish protective parenting from unjustified obstruction.

Duty of the Custodial Parent

A central practical proposition is that the parent with whom the child ordinarily resides may have an affirmative responsibility to make visitation work. Compliance is not always satisfied by physically bringing the child to a meeting point while simultaneously conveying hostility, anxiety or resistance. Depending on age and circumstances, the custodial parent may need to prepare the child, speak positively about the interaction, ensure calls take place and avoid exposing the child to litigation narratives.

The Child’s Refusal to Meet a Parent

A child’s stated refusal matters, but it is not automatically conclusive. Courts may consider age, maturity, duration of estrangement, consistency of the child’s explanation, prior relationship with the parent, surrounding adult influence and whether therapeutic intervention could safely rebuild contact.

The younger the child, the more carefully courts may scrutinise claims that the child has independently formed an entrenched rejection of a parent. For older adolescents, preference may carry greater weight, but welfare remains the ultimate test.

What Courts Can Do When Visitation Fails

• Specify exact dates, hours and neutral handover locations.
• Provide video-call access between physical meetings.
• Direct make-up visitation when access is wrongfully lost.
• Use counsellors or child-welfare professionals where appropriate.
• Require parents to refrain from discussing litigation with the child.
• Gradually expand access where a long period of estrangement requires rebuilding.
• Review the arrangement after a defined period rather than leaving a failing order unchanged.

Evidence in a Visitation-Obstruction Case

Parents should maintain contemporaneous, restrained records. Relevant evidence may include court orders, messages arranging handovers, records of missed calls, school calendars, travel details, neutral witness material and communications showing attempts to cooperate. Excessive messaging or confrontational exchanges can themselves undermine a parent’s case, so the focus should remain on child-centred communication.

Parental Alienation and Change of Custody

Serious and sustained alienating conduct can become relevant to the broader welfare assessment because the ability of a parent to support the child’s relationship with the other parent may reflect parenting capacity. However, change of custody is a major intervention and should not be treated as an automatic punishment for non-compliance. The question remains what arrangement best serves the child.

Connection With the Welfare Principle

The welfare principle extends beyond food, housing and schooling. Emotional development and the ability to maintain healthy parental relationships can also be important. Unless contact is unsafe, a child generally benefits from freedom to love and maintain relationships with both parents without being placed in a loyalty conflict.

Practical Lessons for Family Court Proceedings

A parent seeking enforcement should identify each failed instance of access and the precise direction allegedly breached. Ask for workable relief: make-up access, fixed video calls, counselling, neutral handover arrangements or a review mechanism. Broad accusations that the other parent is “alienating” the child are less useful than a documented chronology.

A custodial parent facing an alienation allegation should demonstrate genuine facilitation: reminders to the child, timely handovers, call access and efforts to reduce conflict. If the child has legitimate concerns, those concerns should be raised through appropriate evidence rather than by simply allowing every meeting to fail.

Related Fastrack Guides

• Visitation Rights in India
• Father’s Rights in Child Custody
• Mother’s Rights in Child Custody
• Child Custody Judgments in India
• Child Custody Lawyer in Delhi

FAQs

What can I do if the other parent does not follow a visitation order?

You can seek enforcement or modification before the competent court, supported by a chronology of failed access and proof of your attempts to comply.

Can a child refuse visitation?

The child’s wishes may be relevant, particularly with increasing age and maturity, but the court examines why the child is refusing and whether the refusal aligns with welfare.

Is parental alienation itself a statutory ground for custody?

It is not a standalone statutory formula. Alleged alienating conduct is assessed as part of the broader welfare inquiry and the evidence in the case.

Can courts order counselling?

Courts may use counselling or professional assistance where appropriate, particularly when the objective is to rebuild a damaged parent-child relationship without exposing the child to additional conflict.