Courts Can “Scar” Children Emotionally, Says Madhya Pradesh High Court While Changing Visitation Terms

The Madhya Pradesh High Court has held that children involved in parental disputes should not be compelled to visit courtrooms merely to facilitate visitation rights, observing that courts can be intimidating and emotionally distressing spaces for minors.

The Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal made the observation while modifying a visitation arrangement between a father and his minor son in a family dispute arising from Bhopal.

The court was hearing a miscellaneous appeal filed by Abdul Rahim Ansari challenging an interlocutory order of the Second Additional Principal Judge of the Family court Bhopal which had declined to modify an earlier arrangement governing his visitation rights with his child. The father had sought a more practical and child-friendly arrangement to meet his son.

Earlier orders of the Family court permitted the father to meet the child on the second and fourth Saturday of every month between 3:00 p.m. and 5:00 p.m. within the premises of the Family court building and strictly in the presence of the mother. However during some of these visits, disagreements and tense exchanges reportedly occurred between the parents when the child was brought to court.

Taking note of these circumstances, the High court observed that forcing a child to repeatedly visit court premises to facilitate parental interaction was neither desirable nor consistent with the emotional well-being of the minor. The bench said courts should ideally remain the last place where a child is brought in the course of family disputes.

“The Courts should be the last resort for a child to visit because courts are often seen as intimidating, sterile, and stressful environments that can scar a child emotionally,” the bench observed, emphasising that the process of resolving parental conflict must remain sensitive to the child’s psychological comfort.

Referring to the decision in Vivek Kumar Chaturvedi and Another versus State of Uttar Pradesh and Others, the court reiterated that judges must attempt to understand a child’s feelings and attitude in comfortable surroundings rather than compelling their presence in settings perceived as hostile or frightening.

In view of these considerations, the bench modified the visitation arrangement and permitted the father to meet the child on the second and fourth Sunday of every month between 11:00 a.m. and 5:00 p.m. at public places such as parks, malls or similar child-friendly locations within Bhopal. The father must inform the child’s mother in advance about the date, time and venue of the meeting.

The court also permitted the father to give the child clothes, sweets, gifts, chocolates and toys during these meetings so that the interaction resembles normal family bonding rather than a formal supervised encounter. The bench emphasised that the objective of visitation is to preserve emotional ties between parent and child.

Additionally, the High court allowed the father to take the child to his home for three hours during the upcoming Eid festival so that the child can spend time with his grandfather and other relatives. The court considered this arrangement appropriate to help maintain familial relationships while ensuring the child’s comfort and safety.

Appearing for the appellant father were advocates Shariq Khan and Achyut Govindam Tiwari, while advocate Pranjal Tiwari represented the respondent before the court. Disposing of the appeal, the bench concluded that the revised arrangement would better balance the father’s visitation rights with the child’s welfare, reiterating that the best interests of the minor must remain the primary consideration in all custody and visitation matters.

Case Title: Abdul Rahim Ansari v. Hiba Khan and Others

Date of Order: February 24, 2026

Bench: Justice Vivek Rusia and Justice Pradeep Mittal