ARATHY RAMACHANDRAN versus BIJAY RAJ MENON

ARATHY RAMACHANDRAN versus BIJAY RAJ MENON

The High Court's order granting alternate 15 days' interim custody to the father was unsustainable as it was not conducive to the welfare of the children; the interim custody of the three-year-old son to the father was set aside, and a modified access regime was directed whereby the father is entitled to interim custody of the daughter on alternate Saturdays and Sundays and on either of those days may have the son for four hours supervised by a child counsellor, with additional requirements for the father to endeavour to provide home cooked meals and permitted timed video calls.

Parties
Appellant (mother): Arathy Ramachandran; Respondent (father): Bijay Raj Menon
Jurisdiction
India
Judgment Date
29 April 2025
Procedural Posture
Civil Appeal No. 5680 of 2025 / Judgment
Outcome
Appeal allowed; impugned order of the High Court dated 11th December, 2024 reversed insofar as it granted alternate 15 days' custody to the father.
Legal Topics
Guardians and Wards Act, 1890, Interim Custody, Visitation Rights, Welfare of Child, Parental Access and Bonding
Family Law Child Custody Constitutional Law Guardians and Wards Act, 1890 Interim Custody Visitation Rights Welfare of Child Parental Access and Bonding

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Parties

Arathy Ramachandran

Appellant (mother)

Bijay Raj Menon

Respondent (father)

Procedural Posture

Civil Appeal No. 5680 of 2025 / Judgment

Legal Issues

  1. 1 Whether the High Court's order granting 15 days' interim custody to the father is sustainable
  2. 2 What interim custody arrangement conforms to the welfare of the children
  3. 3 Whether periodic division of custody (15 days each month) is detrimental to children's physical, mental and emotional well-being

Ratio Decidendi

The High Court's order granting alternate 15 days' interim custody to the father was unsustainable as it was not conducive to the welfare of the children; the interim custody of the three-year-old son to the father was set aside, and a modified access regime was directed whereby the father is entitled to interim custody of the daughter on alternate Saturdays and Sundays and on either of those days may have the son for four hours supervised by a child counsellor, with additional requirements for the father to endeavour to provide home cooked meals and permitted timed video calls.

Court Disposition

Appeal allowed; impugned order of the High Court dated 11th December, 2024 reversed insofar as it granted alternate 15 days' custody to the father.

Orders

  • High Court order dated 11.12.2024 granting interim custody of the children to the father for 15 days each month set aside.
  • Interim custody of the three-year-old son to the father set aside; prior stay restoring Family Court arrangement continued.