Noting ‘parallel relief’, Telangana High Court cancels order allowing man to visit his child

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The wife challenged the visitation order alleging that the husband had pursued parallel remedies despite an earlier visitation order in the Delhi divorce proceedings. (AI-generated image)The Telangana High Court has set aside an order granting a father interim visitation rights to his minor daughter, observing that he had already obtained a consent order from a Delhi family court permitting visitation. The father had obtained the visitation order from a family court in Hyderabad, where he resides.A bench of Justices K Lakshman and K Sujana was dealing with a plea by the child’s mother challenging the family court order which her husband had obtained from Hyderabad. The high court remanded the matter for fresh consideration after noting the failure to consider the earlier arrangement,“The husband had already obtained a consent order dated May 19, 2025, from a Delhi Family Court permitting him to meet the child on alternate Sundays. Having consented to that arrangement, he should have refrained from seeking parallel visitation relief through a separate application before the Hyderabad Family Court,” the court said on August 24.The court noted that the husband had mentioned the pending divorce proceedings and the earlier consent order in the main guardianship petition, but these were not disclosed in the affidavit accompanying his interim visitation application.Wife challenged parallel visitation proceedingsThe couple married in February 2017 and had a daughter in December 2020. Matrimonial disputes later arose, following which the husband filed a divorce petition on grounds of cruelty before the family court in Delhi. A consent order in May 2025 permitted him to meet the child for one hour on alternate Sundays at the woman’s residence in Hyderabad. Justices K Lakshman and K Sujana took note of the husband’s submission that he would not press the visitation rights sought in the Delhi proceedings.Subsequently, the husband filed a guardianship petition before the family court in Hyderabad, seeking custody of the minor daughter. Along with it, he sought interim visitation rights and permission to take the child out during weekends, festivals and school vacations. The family court allowed the application on April 2 and directed weekly one-hour meetings under the supervision of both parties’ counsel and CCTV surveillance.Also Read | Can a college hold your certificates for unpaid fees? What Telangana HC ruledThe wife challenged the order before the high court, alleging that the husband had pursued parallel remedies despite the earlier consent visitation order in the Delhi divorce proceedings. She also alleged that he had threatened her through WhatsApp messages by relying on the subsequent family court order.Story continues below this adEarlier order not considered: OrderThe high court noted that although the husband had mentioned the pending divorce proceedings and the earlier consent order in the main guardianship petition, these facts were not disclosed in the affidavit accompanying his interim visitation application. The family court failed to consider this aspect while passing the order.The court also took note of the husband’s submission that he would not press the visitation rights sought in the Delhi proceedings and would take appropriate steps there. In view of this undertaking and the relevant circumstances, the court held that the disputed visitation order required reconsideration.Also Read | Notice over WhatsApp valid, Telangana High Court upholds Dubai-based man’s divorceConsequently, the court set aside the Hyderabad family court’s order and remanded the interim visitation application for fresh consideration in accordance with the law. It directed the family court to decide the application afresh within 30 days. It did not make a final determination on the father’s visitation rights.Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More