By S&S Co. Advocates & Solicitors · Published 11 April 2026 · Informational content, not legal advice
About this article: A general explainer prepared by S&S Co. Advocates & Solicitors on a recurring type of dispute. It does not report a specific judgment or order, names no parties and gives no case citation, so it should not be cited as authority. Law and practice change; please verify against the current statute and primary sources before relying on it.
Indian guardianship and custody law, mainly the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, is written chiefly around disputes between parents. Neither statute gives grandparents an express right of visitation, which is why a family court may question whether grandparents have standing to apply.
Courts have nevertheless recognised that their power to protect a child's welfare is wide, and grandparents have been allowed reasonable, structured contact in suitable cases, most often where a parent has died and the relationship with that parent's family is at risk of being lost. This rests on the court's duty to act in the child's interest, not on a separate statutory right, so each case turns on its own facts and the approach is not uniform across courts.
Courts generally take care that any visitation does not disturb the custodial parent's household or authority. Arrangements often start with limited or supervised visits and may be reviewed after a period, depending on how the child responds. The child's own wishes may be considered for an older child.
Key Points
- There is no express statutory right of visitation for grandparents.
- Courts act on the child's welfare and may order limited or supervised contact first.
- Mediation is often the practical first step.