A court must interact with a young child before deciding interim custody.

The dispute concerned interim custody of the parties’ young son, who was in the father’s custody. The mother sought interim custody.

By order dated 22 December 2025, the Trial Court considered that it should interact with the child before deciding interim custody and permitted the mother to meet him every Sunday between 5:00 p.m. and 6:00 p.m. at Hiland Park, Kolkata, until the next date.

The mother challenged that order in revision, seeking interim custody; the father opposed interference and submitted that the child had generally been produced for the scheduled meetings.

1. Whether the Trial Court’s decision to defer determination of interim custody until after interacting with the child warranted interference in revision.

2. Whether the existing Sunday meeting arrangement should continue pending the Trial Court’s decision on interim custody.

The child’s welfare and well-being are the Court’s paramount consideration when deciding questions concerning a minor’s custody.

In this case, the Court endorsed the Trial Court’s view that it should interact with the child before deciding interim custody.

The parties referred to Arathy Ramachandran v. Bijay Raj Menon, Civil Appeal arising out of SLP (Civil) No. 31099 of 2024, reported at 2025 INSC 587; however, the judgment does not set out or apply a specific proposition from that decision.

The High Court considered the Trial Court’s proposed interaction with the child consistent with the need to decide interim custody in the child’s welfare and best interests. It therefore found no ground to interfere with the order deferring the custody decision until after that interaction.

The Court also maintained the Sunday meetings as an interim arrangement while the custody question remained pending.

It directed that the child be produced before the District Judge at Alipore at 10:00 a.m. on 9 October 2026 for an interaction, after which the District Judge was to decide the interim-custody question.

The mother’s Sunday meetings at Hiland Park between 5:00 p.m. and 6:00 p.m. were to continue in the meantime.

There was no order as to costs.