NEETHU B. @ NEETHU BABY MATHEW versus RAJESH KUMAR

NEETHU B. @ NEETHU BABY MATHEW versus RAJESH KUMAR

The Court entertained the review because the post-judgment psychological assessment reports constituted new evidence satisfying the triple test and showed deterioration in the child’s mental health directly consequent to the change in custody; in the best interest of the child the Court restored custody to the mother (re-affirmed Trial Court's custody finding), recalled its earlier order dismissing the appeals, allowed the civil appeals, set aside the High Court order, and granted conditional virtual and limited physical visitation rights to the father with directions for counseling and periodic reassessment.

Parties
Petitioner (mother): Neethu B. @ Neethu Baby Mathew; Respondent (father): Rajesh Kumar
Jurisdiction
India
Judgment Date
15 July 2025
Procedural Posture
Review Petition Under Article 137 of the Constitution of India Arising From Civil Appeal Nos. 5395 5396 of 2024 / Judgment (review Petitions Allowed and Civil Appeals Allowed; Order Dated 15 July 2025)
Outcome
Review petitions allowed; this Court's order dated 22.08.2024 recalled; civil appeals restored and allowed; High Court order dated 17.10.2023 set aside; Trial Court order dated 31.10.2022 re-affirmed except as modified.
Legal Topics
Article 137 Review, Custody of Child, Best Interest of the Child, Psychological Assessment, Visitation Rights, Scope of Review Jurisdiction
Constitutional Law Family Law Child Welfare Civil Procedure Article 137 Review Custody of Child Best Interest of the Child Psychological Assessment +2 more

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Parties

Neethu B. @ Neethu Baby Mathew

Petitioner (mother)

Rajesh Kumar

Respondent (father)

Procedural Posture

Review Petition Under Article 137 of the Constitution of India Arising From Civil Appeal Nos. 5395 5396 of 2024 / Judgment (review Petitions Allowed and Civil Appeals Allowed; Order Dated 15 July 2025)

Legal Issues

  1. 1 Whether the review jurisdiction under Article 137 could be exercised on the ground of post-decision psychological reports about the child’s mental health
  2. 2 Whether the psychological reports and changed mental state of the child satisfy the test for discovery of new evidence to reopen final orders
  3. 3 What custody and visitation arrangement would be in the best interest of the child given the new evidence

Ratio Decidendi

The Court entertained the review because the post-judgment psychological assessment reports constituted new evidence satisfying the triple test and showed deterioration in the child’s mental health directly consequent to the change in custody; in the best interest of the child the Court restored custody to the mother (re-affirmed Trial Court's custody finding), recalled its earlier order dismissing the appeals, allowed the civil appeals, set aside the High Court order, and granted conditional virtual and limited physical visitation rights to the father with directions for counseling and periodic reassessment.

Court Disposition

Review petitions allowed; this Court's order dated 22.08.2024 recalled; civil appeals restored and allowed; High Court order dated 17.10.2023 set aside; Trial Court order dated 31.10.2022 re-affirmed except as modified.

Orders

  • The minor child shall remain in permanent custody of the petitioner-mother.
  • The respondent-father is allowed virtual interaction with the child twice a week for thirty minutes each; exact times to be worked out considering the child’s schedule and petitioner to provide an interference-free environment.