Gujarat High Court Slams Family Court for Ordering Toddler's 6-Hour Weekly Court Visit

The Gujarat High Court recently set aside a Family Court order that required a two-and-a-half-year-old child to spend six hours every Thursday on court premises for visitation with his paternal grandfather.

Justice JC Doshi termed the lower court’s approach "unfathomable" and "inhuman," emphasizing that a toddler should not be a victim of rigid litigation.

The Court held that family courts must act as parens patriae, prioritizing a child's emotional and physical welfare over the legal claims of the fighting parties.

Observing that forcing such young children into a court environment for extended periods lacks the necessary sensitivity and empathy required in custody disputes.

[Mansiben v. Keshavjibhai Damjibhai Ghetiya]