Dad can meet son at Eco Park every Saturday: HC in visitation rights row
Times of India | 9 January 2026
Kolkata: The company of both parents is necessary for the healthy upbringing of a child, the Calcutta High Court stated on Tuesday while allowing a father to visit his 6-year-old son, who is suffering from autistic spectrum disorder (ASD), for two hours every Saturday at Eco Park.
The child's mother moved the Calcutta High Court's division bench of justices Sabyasachi Bhattacharyya and Supratim Bhattacharya against the trial judge's order, which allowed the father custody of the son over the weekend, ie, 5.30 pm on Fridays to 5.30 pm on Sundays.
This arrangement was challenged by the mother on grounds of the child's special needs. The mother's counsel argued, "The child is special, in the sense that he is suffering from autistic spectrum disorder (ASD) and, as such, the minor is even unable to chew his food by himself and has to be fed by the mother." Under such circumstances, it was contended that if the child's custody is given over the weekend to the father, it would be detrimental to the welfare of the child, and precarious situations might arise in respect of the health condition of the child, since the father is not properly equipped to deal with the ailment of the child and the special needs arising out of it.
The division bench stated, "We are of the opinion that for the healthy upbringing of a child, the company of both the parents is necessary and, as such, 2 hours' visitation every weekend by the father would be appropriate. However, such visitation should be held at a common place congenial to the mental health of the 6-year-old child."
Accordingly, the trial judge's order was modified, and it was directed that the father can visit the minor every Saturday from 4 pm to 6 pm.
"Such visitation shall be held at the Eco Park in New Town, which is a spacious urban park having a large green space featuring theme gardens, recreational areas, boating and other recreational facilities, and play areas fit for a child, situated near the residence of both the parties and also congenial to the requirements of a child," the division bench held.
The mother will hand over the child to the father at the Eco Park gate and receive him from the same place. The judges strictly instructed the mother not to be present during the visitation hours. This will be the arrangement starting from Jan 10. If the park is closed on any Saturday, the parents will decide among themselves, upon prior consultation, an alternative date, preferably the very next Sunday, for such visitation during the same hours.