PURVI MUKESH GADA versus MUKESH POPATLAL GADA & ANR.

PURVI MUKESH GADA versus MUKESH POPATLAL GADA & ANR.

Custody awarded to the mother as the welfare of the children lies in her retaining custody; both children are comfortable in her company, have expressed desire to stay with her, and have shown academic improvement under her care. Their ages further empower their preference to be considered.

Source-derived case information.

Parties
Appellant: Purvi Mukesh Gada; Respondent: Mukesh Popatlal Gada; Minor Child: Varenya Gada; Minor Child: Tanay Gada
Jurisdiction
India
Judgment Date
04 September 2017
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against Bombay High Court Judgment 17.02.2016 in Writ Petition No.3558/2015
Outcome
Appeal allowed; Supreme Court sets aside High Court order and restores Sessions Court order affirming custody with appellant-mother.
Legal Topics
Custody of Children, Welfare Principle, Visitation Rights
Child and Family Welfare Custody of Children Welfare Principle Visitation Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Purvi Mukesh Gada

Appellant

Mukesh Popatlal Gada

Respondent

Varenya Gada

Minor Child

Tanay Gada

Minor Child

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against Bombay High Court Judgment 17.02.2016 in Writ Petition No.3558/2015

Legal Issues

  1. 1 Whether custody of minor children should be with the mother or the father based on their welfare and expressed wishes

Ratio Decidendi

Custody awarded to the mother as the welfare of the children lies in her retaining custody; both children are comfortable in her company, have expressed desire to stay with her, and have shown academic improvement under her care. Their ages further empower their preference to be considered.

Court Disposition

Appeal allowed; Supreme Court sets aside High Court order and restores Sessions Court order affirming custody with appellant-mother.

Orders

  • Custody of children allowed to appellant-mother Purvi Mukesh Gada.
  • Respondent-father given weekend access and custody during half the duration of Dussehra, Diwali, Christmas, and summer vacations, ensuring studies are not affected.