Supreme Court · Visitation Rights
Yashita Sahu v. State of Rajasthan
Supreme Court precedent establishing modern contact rights—including structured physical access and electronic/video visitation—to safeguard child bonding.
This page summarizes the legal framework and judicial precedents for educational and informational purposes only. It does not state or imply that Advocate Sunil Kumar Upadhyay represented a party or was involved in the matter.
Transnational Custody & The Right of Contact
In an appeal involving cross-border matrimonial discord and child custody, the Supreme Court addressed whether a child should be subjected to exclusive single-parent control when parents live apart in different jurisdictions or cities. The Court emphasized that matrimonial disputes must not sever the child's bond with either parent.
Child's Right to Love and Affection of Both Parents
The Supreme Court laid down the landmark principle that a child is entitled to the love, affection, and guidance of both parents. Even where sole physical custody is awarded to one parent, the non-custodial parent must not be treated as a stranger.
The Court held that the welfare of the child includes ensuring that they do not grow up feeling abandoned or alienated by either parent.
Pioneering Electronic and Virtual Visitation Orders
A pivotal contribution of Yashita Sahu was the formal recognition of electronic visitation rights. The Court mandated that contact rights must include regular telephone calls, video calls (via Skype, WhatsApp, FaceTime), and email access, alongside physical weekend and holiday access schedules.
Family Courts across India, including Delhi, now routinely rely on this precedent to structure daily or weekly video access schedules for non-custodial parents.
