Bombay High Court
POOJA JAGDISH PATIL ALIAS POOJA RAJENDRA NIKAMversusJAGDISH BALASO PATIL
- Decided
- Disposal
- Disposed Off
Holding
The court held that, given the child’s medical condition, daily video‑call access should be replaced by physical visitation on Saturdays for three hours, while retaining the existing Sunday visitation.
Summary
The petitioner, a mother, challenged a Family Court order that granted the father daily one‑hour video‑call access to their four‑year‑old child, alleging the child’s psychological and neurological disorder made such frequent virtual contact detrimental. The petitioner offered to allow physical visitation on Saturdays at a public place instead. The respondent agreed to meet the child for three hours on Saturdays at a public venue. Considering the child’s medical condition and the parties’ proposals, the High Court modified the visitation schedule, replacing daily video calls with Saturday physical visits while retaining the existing Sunday physical access, and ordered the respondent to pay any maintenance arrears within two months. The petition was partly allowed, and the revised visitation arrangement was ordered.
Issues considered
- What is the appropriate mode and frequency of visitation for a minor child with documented psychological and neurological issues?
- Whether the daily video‑call access ordered by the Family Court should be altered in view of the child’s welfare and the parties’ proposals?
Subjects
- family law
- child custody
- visitation rights
- video call access
- minor's welfare
- psychological disorder
- maintenance
Judgment
11-WP-5313-2026 (C).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5313 OF 2026
Pooja Jagdish Patil
Alias Pooja Rajendra Nikam ...Petitioner
VERSUS
Jagdish Balaso Patil ...Respondent
_________________________________________________________________
Mr. Dhananjay K. Bhosale a/w. Mr. Rohan Bhagwat, Advocate for
SONALI by
Digitally signed
SONALI
Petitioner.
SATISH Date:
SATISH KILAJE
KILAJE 2026.09.03
13:11:08 +0530 Mr. Sanchit Shinde a/w. Mr. Mangesh Mane, Advocate for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the petitioner and learned counsel for
respondent.
2. The challenge in this petition is to the impugned order dated
30.10.2025, passed below Exhibit-16 by the Family Court, whereby the
learned Judge has granted video call access of the minor child to the
respondent everyday between 6 p.m. to 7 p.m.
3. It is contention of learned counsel for the petitioner that the
minor suffers from mental disorder and the learned Judge has directed to
grant video call access of one hour daily, which will cause inconvenience to
the minor who is 4 years old. Learned Judge has already given physical
access of the minor to the respondent on every Sunday. The petitioner has
produced medical reports of the minor showing that she is suffering from
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11-WP-5313-2026 (C).doc
S.S.Kilaje
psychological and neurological issues. Learned counsel further submits
that instead of granting access through video call everyday, the petitioner
is ready to provide the physical access of the minor to the respondent on
every Saturday at a public place near the house of the petitioner and
requested to allow the petition.
4. Considering the submission of learned counsel for the
petitioner, the learned counsel for the respondent submits that respondent
is ready to meet the child on every Saturday for three hours at a public
place.
5. Considering the submissions of both the learned counsel and
having regard to the medical condition of the minor, instead of providing
daily video call access, the respondent shall have physical access of the
minor on every Saturday for three hours at public place near the house of
the petitioner and I pass following order.
ORDER
i. Petition is partly allowed.
ii. In lieu of the daily video-call access, the respondent
shall have physical access of the minor child on every
Saturday for three hours at a public place near the
house of the petitioner as per convenient time to both
parties.
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11-WP-5313-2026 (C).doc
S.S.Kilaje
iii. The respondent shall continue to have the physical
access of the minor child on every Sunday as already
directed by the Family Court.
iv. The respondent shall pay arrears of maintenance
amount to the petitioner, if any, within two months
from the date of receipt of this order.
(SHIVKUMAR DIGE, J.)
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