Amid Parents’ Dispute, Pune Court Ensures 4.5-Year-Old Boy Gets Time With Father, Grandparents

Pune, 28th Septemner 2026: A Pune court has allowed a four-and-a-half-year-old boy to stay with his father and paternal grandparents for three days every week, including overnight stays, observing that a dispute between parents should not affect the child’s relationship with his father and grandparents.

Judicial Magistrate (First Class) Deepti D. Patil passed the order on an application filed by the child’s father and paternal grandparents. The parents, identified as Komalika and Anurag (names changed), have been living separately for the past one-and-a-half years.

According to the father’s side, the child used to spend three days a week with his father and grandparents before the parents’ legal dispute began. The visits stopped after court proceedings commenced.

The father and grandparents subsequently approached the court seeking permission to resume the visits. They were represented by advocates Rani Dhakne and Vijaykumar Dhakne, assisted by advocates Sarika Potbhare, Kaustubh Nale, Tapasya Devkar and Mansi Gaikwad.

The mother opposed the application, citing concerns regarding the child’s health and safety.

After hearing both sides, the court considered the child’s age, school schedule and overall welfare. It observed that there was insufficient material at this stage to conclude that an overnight stay with the father would be harmful to the child.

The court consequently permitted the child to stay with his father and paternal grandparents from Friday to Sunday every week. It also directed that proper care be taken of the child’s safety, health, education, rest and overall well-being during the stay.

Custody and visitation are separate matters
The court also clarified that rejection of a custody application does not automatically mean that a parent can be denied visitation.

An earlier application seeking custody of the child had been rejected. The mother’s side relied on that order while opposing the father’s visitation request. However, the court held that custody and visitation are separate matters and that a visitation request can be considered independently.

The court observed that allowing the child to stay with his father for three consecutive days would provide them meaningful and uninterrupted time together.

Advocates Rani Dhakne and Vijaykumar Dhakne said the order recognises that differences between parents should not affect a child’s relationship with his father and grandparents. They said Section 21 of the Protection of Women from Domestic Violence Act permits a court to consider the child’s welfare while deciding visitation arrangements, including overnight stays.