GAYTRI BAJAJ versus JITEN BHALLA
Custody of minor children must be determined with utmost regard to their welfare, desire, and expressed preference. The children's strong reluctance to be with or meet their mother precludes granting visitation rights, and custody should remain with the father until they attain majority.
- Parties
- Appellant Wife: Gaytri Bajaj; Respondent Husband: Jiten Bhalla
- Jurisdiction
- India
- Judgment Date
- 05 October 2012
- Procedural Posture
- Civil Appeal Nos. 7232 7233 of 2012 / Supreme Court Appeal From High Court Orders Dated 08.09.2008 and 10.07.2009
- Outcome
- Appeals dismissed
- Legal Topics
- Child Custody, Divorce by Mutual Consent, Visitation Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Gaytri Bajaj
Appellant Wife
Jiten Bhalla
Respondent Husband
Procedural Posture
Civil Appeal Nos. 7232 7233 of 2012 / Supreme Court Appeal From High Court Orders Dated 08.09.2008 and 10.07.2009
Legal Issues
- 1 Whether the appellant-wife is entitled to visitation rights after decree of divorce by mutual consent depriving her of such rights.
- 2 Whether the custody arrangement should be altered considering children's wishes.
Ratio Decidendi
Custody of minor children must be determined with utmost regard to their welfare, desire, and expressed preference. The children's strong reluctance to be with or meet their mother precludes granting visitation rights, and custody should remain with the father until they attain majority.
Court Disposition
Appeals dismissed
Orders
- Impugned orders of the High Court affirmed.
- Visitation rights to the appellant-wife denied.
Full Case Text
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