4 min readNew DelhiJul 23, 2026 05:15 PM IST
Noting that the child was comfortable with both parents, the Karnataka High Court has upheld a family court’s order granting a father monthly overnight custody of his minor daughter, and held that the mother’s transfer was no ground to deny such custody.
Justice P Sree Sudha observed that the mother had no objection to the seven-year-old child continuing audio and video calls with her father as per the family court’s directions.
“It appears to the court that the child is comfortable with both parents. The distance between Bengaluru and Pune is 838 kilometres. Even a flight journey takes one and a half hours…It seems that both the parents are educated and well placed in society. In view of her transfer to Pune, her contention that overnight custody cannot be granted is not acceptable,” the July 22 order noted.
The family court had granted the father communication rights via audio/video calls on alternate days, and overnight custody of the child from the second Friday evening to Sunday evening of every month. Following this, the mother filed a petition challenging the interim custody order.
Marital dispute, custody fight
A matrimonial dispute between the parties is pending before the family court. The mother had filed a divorce petition on August 6, 2025, after which the father sought permanent custody of the minor child. He also sought interim custody during the pendency of the case.
Justice P Sree Sudha said the distance between Pune and Bengaluru was only 1.5 hours and allowed the father overnight custody of the child. (AI-enhanced image)
Challenging the order, advocate Manushankar S S, appearing for the mother, argued that overnight custody was granted to the father without examining the child’s wish, daily routine, educational commitments or emotional well-being. It was stated that the mother, being the primary caregiver, was responsible for the child’s upbringing and daily needs, since June 24, 2021.
The counsel argued that the abrupt change in the existing arrangement to overnight custody will adversely affect the child’s emotional stability. It was submitted that the father was not involved in the child’s day-to-day care, and the order was passed when the couple was residing together in Bengaluru, but now she has relocated to Pune due to her work, and the child has been admitted to a school there.
Story continues below this ad
Stating that the visitation and overnight custody were impractical, the mother’s counsel argued that the family court had not provided any reasons for granting overnight custody to the father. The mother sought modification of the interim arrangement, requesting that the father be only granted audio/video interaction rights with the child.
Overnight custody granted
The high court, noting that the child was comfortable with both the parents and that the distance between Pune and Bengaluru was only 1.5 hours, allowed the father overnight custody of the child.
The court modified the custody order considering the mother’s relocation to Pune and stated that the father should have communication rights with his daughter over calls on alternate days, and granted him overnight custody once a month for two days. The judge added that it is on the father either to spend time with the child in Pune or take her to his place in Bengaluru.
